Y ERFID P A IN IOW

Perfi dy in Iowa Page 1 December 03, 2004

Group Campaigns Against Kosher Meat

BY Y. E LCHONON

The militant vegetarian group People consequently, American Law.” fi led a complaint with the US Department of for the Ethical Treatment of Animals, better Lewin also suggested that PETA could itself Agriculture. alleging that the plant is violating known by its acronym, PETA, has embarked be subject to legal action for its unwarranted Jewish law by not instantly killing the animals, on a new public relations campaign attacking efforts to harass legitimate kosher meat and is therefore also violating the 1902 federal AgriProcessors Inc., the Postville, Iowa- operations in this country. Humane Methods of Livestock Slaughter Act. based one of the world’s largest kosher meat PETA is known for its aggressive tactics The complaint sought suspension of the plant’s processors, and the source for kosher meat in promoting its animal-rights agenda. In license and possible criminal proceedings. products widely sold under the Rubashkin one of its more tasteless campaigns, it ran Steven Cohen, a spokesman for the USDA, and Aaron’s Best labels. PETA accuses the advertisements a few years ago with the phrase confi rmed that the agency had received the company of violating both civil humane “Got prostate cancer?” showing Rudolph PETA letter but said it was waiting to review slaughter laws and Halacha. Giuliani, the then-New York City mayor who the video before deciding how to handle the PETA began by sending the meat processor had been recently diagnosed with the disease. complaint. a letter a year and a half ago with unspecifi c The ads also included the line: “Drinking milk Rabbi Menachem Genack, head of the complaints about the company’s operating contributes to prostate cancer.” Orthodox Union’s OU Kashruth Division, procedures. The company’s lawyer, Nathan AGUDATH ISRAEL which also provides supervision of kosher Lewin, responded by offering to discuss and, RESOLUTION CONDEMNS meat products from the same plant, said he had if necessary, fi x any problem the group had. discussed the issue with USDA offi cials, and is But Lewin told Binyamin L. Jolkovsky, of ATTACK ON SHECHITA confi dent that government guidelines are being JewishWorldReview.com, that PETA never PETA’s campaign against a prominent kosher followed to the federal agency’s satisfaction. responded. meat manufacturer prompted the passage of a The company also issued a statement saying, Last week, Lewin, was contacted by the special resolution at the closing session of the “Agripro-cessors does not control anything New York Times seeking comment on an Agudath Israel of America’s annual convention that happens in the kosher ritual processes. We undercover videotape the paper received from in Stamford, Connecticut, at the behest of adhere strictly to the instructions given to us PETA, which it claimed documented abuses by Chaim David Zwiebel, its executive vice by the rabbinic authorities and will continue the kosher meat manufacturer. Lewin viewed president of government and public affairs. By to do so. As we always have, we will also the tape at the New York Times’ Manhattan unanimous vote, Agudath Israel condemned continue to follow the strict guidelines set out offi ces, along with Rabbi Chaim Kohn, Chief what it termed a “vicious and unethical attack by both federal and Jewish law for the humane Dayan of Khal Adath Yeshurun, which is one of on Jewish religious practice.” The resolution treatment of animals during the slaughter the kashruth supervision agencies that provides also noted that among the fi rst Nazi attacks process.” the Hashgocha on the meat plant. It was not against Jews was “peddling photographs of Rabbi Genack even tried, unsuccessfully, clear when or if the Times plans to publish a allegedly ‘cruel’ kosher slaughter,” and that to explain the OU- approved and supervised PETA “now follows in that vile course.” story based on the PETA accusations and tape. shechita practices in use at the plant to Aaron The resolution also declared that the Torah’s Lewin told Jolkovsky that the videotape, Gross a Jewish student at Harvard University concept of humane treatment of animals is well which was supposedly shot at the meat packing who is a militant vegetarian group, and is ahead of the standards promoted by secular house in August and September of this year, PETA’s self-appointed expert on kosher organizations such as PETA. contains graphic and bloody pictures of the requirements. Gross denied that the PETA “Shechitah often comes under attack by kosher slaughter process, in an attempt to campaign is motivated by anti-Semitism and elements that are unsavory, and in general shock the viewer, but no violations of either claimed that it does not object to shechita PETA is not an organization that commands civil law or the rules of shechita. “when properly practiced.” our great respect,” said Rabbi Avi Shafran, a Lewin, who is acknowledged to be the spokesman for Agudath Israel Another PETA expert who criticized the foremost legal experts in church-state issues, OU-approved shechita procedures at the contends that “all PETA wants to do is infl ame PETA FILES A COMPLAINT Agriprocessors plant was Temple Grandin, the public against kosher slaughter.” The WITH THE USDA an associate professor of animal science at group, he added, “just doesn’t understand On Monday, PETA took the next step in Colorado State University, with no religious shechita — what’s permitted under Jewish, and its campaign against Agriprocessors, when it credentials at all.

Page 2 Perfi dy in Iowa May 16, 2008 Kosher Meat-Packing Plant Raided; Hundreds Arrested

BY DEBBIE MAIMON

foreignfof workers were “illegals.” The search warrant cited suspicions of “identify theft and fraudulent use of socialsoc security numbers, as well as reports of multiple violations of immigration laws”law that came from an “informant” at thethe plant, Des Moines Register of Iowa reported.rep AccordingA to the federal search warrant,warr authorities relied heavily on this informant who infi ltrated the plant withwiw th documents provided by ICE. The informantinform was hired in January and wore secret recording devices monitored by ICE, theth Des Moines Register noted. As MaManyny The rraid at Agri mimicked the dozens of papartrt of a wewerere raids carriedcar out in recent months on fi rms nationwinationwidede dedetainedtained in lo localcal jails, who employemp foreign labor, in a nationwide crackdown while the majority were herded into buses federalfederal eeffort to curb illegal immigration on illegal and driven to a makeshift detentiondetention cecenternter into the United States, an AP article noted. imimmigrants,migrants, in the town of WWaterloo,aterloo an hhour and a half It was the largest raid of its kind ever fefederaleded ral authoritieauthoritiess ououtt of PPostville. carried out in U.S. history. in lealeaguegue wiwithth sstatetate and In public schools throughout Postville, Company leaders cooperated fully with lolocalcal lalaww enenforcementf mounted a ICE offi cials halted classroom proceedings federal authorities, halting operations and mamassivei raid this Monday on the world’s to interrogate the students. “ ‘Who in opening up the facilities for a thorough largest kosher meat-packing plant, this room is legal?’” an offi cer would search. AgriProcessors, in Postville, Iowa. ask. “They separated all the kids with a By evening, the police had released Hundreds of offi cers from Immigration Latino look, and took them to a room for dozens of people, either for “humanitarian and Customs Enforcement (ICE), FBI and interrogation,” a Postville resident told reasons” or because the detainees Homeland Security offi cers, together with Yated. were able to produce valid documents. state troopers and local police descended Families were left in limbo, as husbands, Hundreds remain in detention, under threat on the 60-acre plant Monday morning. wives and children searched worriedly for of deportation. After cordoning it off on all sides, arrested family members. they conducted searches and interrogated COMPANY COOPERATED AMAZING GROWTH hundreds of workers, arresting almost 400. Agriprocessors Inc. opened in Postville, The plant employs well over 1,000 WITH FEDS Iowa, nearly 20 years ago, under Aaron people. In addition to shochtim and Regulations at AgriProcessors require Rubashkin, bringing with it a promise mashgichim, hundreds of workers from all workers to show proof of residence, of jobs and stimulating a revival of the Mexico, Guatemala, Russia and Ukraine valid social security numbers, and legal region’s economy. Rubashkin and his two as well as many native Iowans, make a papers permitting them to work in the sons, R’ Shalom and R’ Heshy, built up livelihood at AgriProcessors. United States, a spokesman for the the company over the past two decades, In the raid, 314 men and 76 women- company told Yated. turning it into the world’s largest kosher including any foreign workers who could Yet, the federal affi davit, while meat-packing plant. not immediately produce evidence of their acknowledging the plant’s regulations, said A small community comprised of legal status -were arrested for immigration the raid was authorized after information shochtim and mashgichim and their families violations. was received that many of AgriProcessors’ grew up around the meat plant. Today they

Perfi dy in Iowa Page 3 comprise a warm, close-knit community of prosecution not only of illegal aliens but “All of this money is pumped back into a few hundred people, nurtured by a strong their “employers” who “help make it the economy,” the employee noted. religious infrastructure consisting of happen,” critics were quick to point out Since only about a half of each cow can yeshivahs, shul, mikvah, chevrah kadisha, the huge losses to the economy that a shut- be used for kosher beef, the remainder of gemachs and other institutions, under the down or relocation would bring about. each animal is packaged and sold to non- patronage of the Rubashkin families. From the considerable infusion of funds Jewish meat markets and meat chains, who The company processes and packages coming from property taxes to a vast array depend on AgriProcessors as their main kosher meat and poultry products that of industries promoted by AgriProcessors, supplier. it supplies to grocery stores and meat including construction, engineering, The company’s leaders are currently markets across the United States. It also transportation, iron works, excavation, engaged in a $5 million water treatment processes non-kosher meat products. truck manufacturing and repair, [all project that will reduce the salt content of According to Menachem Lubinsky, the of which employ Iowans, not foreign the area’s water, affected by the kashering editor of Kosher Today, AgriProcessors labor], the town’s economy-and that of procedures at the meat plant. provides 60 percent of the kosher retail neighboring cities-has been thoroughly These and other projects have created meat and 40 percent of the kosher poultry revitalized. hundreds of jobs for skilled workers and nationally, and most retail chains depend “Consider the price of one cow-about educated Iowa natives and explains why the on it for supply. $1500,” a former employee of the meat raid on AgriProcessors sent shivers down Shutting down production at the plant plant, S. Gelb, pointed out. “AgriProcessors the spines of so many in the community. will have a signifi cant impact on the brings in about 500 cows a week. That’s In Postville and surrounding kosher meat sales, he said. “They are a $750,000 each week being paid to various communities, “there is a lot of fear,” Prof. major supplier to retail establishments all cattle farms in this region. That doesn’t Mark A. Grey, who focuses on immigration over the world.” even begin to address the vast amounts at the University of Northern Iowa, told STRUGGLING of funding that goes into transporting the the New York Times. cows to the plant, and into carrying out “[A shutdown of the meat plant] would TO BOUNCE BACK all the functions of shechitah, cleaning, be absolutely devastating to the local Shutting down seems to be the farthest salting, packaging and shipping. economy,” Professor Grey said. thing from company leaders’ minds. On Tuesday, the day following the raid, administrators and workers alike struggled to get the plant back in operation. “Chickens and cows had just been schechted when the police arrived; for safety reasons everything had to come to a halt,” a spokesman for the plant said in a telephone interview with Yated. “You can’t just leave meat around. Everyone with any kind of job here at all, including secretaries and offi ce help, is pitching in. Even yeshiva bochurim from the high school are coming over to help between sedorim. Getting things back in operation is a community-wide concern.” As company administrators struggled to get the factory back on its feet, business leaders in the wider community gave AgriProcessors a vote of confi dence. “We feel confi dent that they will regain their footing and continue serving as the town’s largest employer,” the Des Moines Register quoted the president of the Postville Chamber of Commerce as saying. The article stressed the importance the townspeople attach to the continued functioning of the meat plant. Drahos noted that “the town is in fairly good shape economically… mainly because of the thriving meatpacking plant.” SHUTDOWN OR RELOCATION WOULD “DEVASTATE THE ECONOMY” Although Iowa’s governor, Kurt Culver, was quoted in the media as urging the

Page 4 Perfi dy in Iowa May 23, 2008

Immigration Raid Shakes Small Town; Agriprocessors Says it is Addressing Challenges

BY DEBBIE MAIMON

Antonio Escobedo ran to get his wife the Postville Community Schools are too blunt, they said, Congress should last Monday when he saw a helicopter superintendent, David Strudthoff, 51, who create a fairer system. circling overhead and immigration agents said the sudden incarceration of more than But the pressure on employers - whose approaching the meatpacking plant where 10 percent of the town’s population of wages and hiring practices have lured they both work in Postville, Iowa. The 2,300 “is like a natural disaster - only this illegal workers to both large cities and couple hid for hours inside the plant one is manmade.” small towns - has mostly been indirect before obtaining refuge in the pews and He added, “In the end, it is the greater and economic: While workplace arrests hall at a local church, where hundreds of population that will suffer and the have risen tenfold since 2002, from 510 other Guatemalan and Mexican families workforce that will be held accountable.” to 4,940, only 90 criminal arrests have gathered, hoping to avoid arrest. Congressman Bruce Braley (D-Iowa) involved company personnel offi cials. “I like my job. I like my work. I like said enforcement efforts against So far, no offi cials at Agriprocessors it here in Iowa,” said Escobedo, 38, an corporations that commit immigration have been charged. The company, founded illegal immigrant from Yescas, Mexico, violations have “plummeted” under the by Aaron Rubashkin, has a storybook who has raised his three children for 11 Bush administration. “Until we enforce history whose recent chapters have turned years in Postville. “Are they mad because our immigration laws equally against both murky. After some of the Rubashkin family I’m working?” employers and employees who break the moved to Postville from Brooklyn in Last Monday’s raid on the law, we will continue to have a problem,” 1987, the fi rm became the nation’s largest Agriprocessors plant, in which 389 he said. processor of glatt kosher beef. It produces immigrants were arrested and many held Julie L. Myers, assistant homeland kosher and non-kosher beef, veal, lamb, at a cattle exhibit hall, was the Bush security secretary for Immigration and turkey and chicken products under brands administration’s largest crackdown on Customs Enforcement (ICE), said that to such as Iowa Best Beef, Aaron’s Best and illegal workers at a single site. It has the contrary, the agency has seldom been Rubashkin’s. upended the tree-lined community, which so aggressive, including opening criminal According to an affi davit fi led by calls itself “Hometown to the World.” Half investigations of company offi cials. an ICE agent in conjunction with last of the school system’s 600 students were While cases have netted only a handful week’s arrests, 76 percent of the 968 absent Tuesday, including 90 percent of of sentences for low-level managers so employees on the company’s payroll over Hispanic children, because their parents far, Myers said, such white-collar crime the last three months of 2007 used false were arrested or in hiding. investigations typically take years to or suspect Social Security numbers. The Current and former offi cials of the develop. affi davit cited unnamed sources who Department of Homeland Security say its “Can we really execute a search alleged that some company supervisors raid on the largest employer in northeast warrant without taking any action against employed 15-year-olds, helped cash Iowa refl ects the administration’s decision [illegal employment] that we know is checks for workers with fake documents, to put pressure on companies with large taking place?” she asked. “Or will just and pressured workers without documents numbers of illegal immigrant workers, taking business records through a search to purchase vehicles and register them in particularly in the meat industry. But warrant cause illegal aliens to leave, and other names. its disruptive impact on the nation’s then we’re not fulfi lling that part of the In addition, the affi davit alleged that largest supplier of kosher beef and on the mission, as well?” company supervisors ignored a report of surrounding community has provoked Lobbyists and former offi cials say that a methamphetamine drug lab operating renewed criticism that the administration in unleashing ICE, the administration is in the plant. It also cited a case in which is disproportionately targeting workers trying to “turn up the pain” to motivate a supervisor blindfolded a Guatemalan instead of employers, and that the resulting businesses and Congress to support the worker and allegedly struck him with a turmoil is worse than the underlying comprehensive immigration changes meat hook, without serious injury. The crimes. sought by President Bush, such as a rav hamachshir, Rav Menachem Meir “They don’t go after employers. They temporary-worker program and earned Weissmandl, has fl atly denied these don’t put CEOs in jail,” complained legalization. If the existing legal tools claims.

Perfi dy in Iowa Page 5 ICE may be “deporting 390 witnesses” sympathies to the families whose lives criminal charges for aggravated identity to the labor investigation, Mark Lauritsen, were disrupted and wish them the best,” theft and other crimes related to the use of international vice president of the United Abrahams said. false documents. A lawsuit fi led on behalf Food and Commercial Workers union, The blitz, which occurred after a of the workers on Thursday, meanwhile, said, adding, “This administration seems 16-month investigation, began with accused the government of violating their to place a larger value on big, splashy helicopters, buses and vans encircling the constitutional rights through arbitrary and shows in this immigration raid than in western edge of town at 10 a.m. Witnesses indefi nite detention. vigorously enforcing other labor laws.” said hundreds of agents surrounded the For now, Postville residents - immigrants In November, Shalom Rubashkin, plant in 10 minutes, began interviewing and native-born - are holding their breath. company vice president and the founder’s workers and seized company records. On Greene Street, where the Hall Roberts’ son, wrote a letter to customers decrying By early afternoon, illegal immigrants Son Inc. feed store, Kosher Community “a slanderous and patently false began arriving by bus at the National Grocery and Restaurante Rinconcito campaign” by the union, and defending Cattle Congress grounds in Waterloo, Guatemalteco sit side by side, workers the company’s record and its products as Iowa, about 75 miles from Postville. ICE fear a chain of empty apartments, falling “safe and wholesome.” After last week’s held 313 male suspects at an exhibit hall home prices and business downturns. raid, the family released brief statements and 76 female suspects in local jails for The main street, punctuated by a single expressing its sympathies to workers, administrative violations of immigration blinking traffi c signal, has been quiet; a commitment to customers and cooperation law. Guatemalan restaurant temporarily closed; with authorities. Those arrested include 290 and the storekeeper next door reported a Agriprocessors said it continues to Guatemalans, 93 Mexicans, 2 Israelis steady trickle of families quietly booking make meaningful progress in addressing and 4 Ukrainians, according to the U.S. fl ights to Central America via Chicago. the challenges presented by the worksite attorney’s offi ce for the Northern District “Postville will be a ghost town,” said enforcement action. of Iowa. Lili, a Ukrainian store clerk who spoke According to Chaim Abrahams, a Eighteen were juveniles who have on the condition that her last name be company representative, Agriprocessors been released or turned over for refugee withheld. is concentrating its efforts on production. resettlement, and the prosecutor’s offi ce But Cesar Jochol, 48, a native of Patzun, “We were able to bring the plant back would not say if there were underage Guatemala, and owner of a market called into operation the next day, and even workers at the plant. Of the adults, 306 face Tonita’s Express, questioned whether the though we’re not running raid will be a deterrent. at full capacity, we are able People who can afford to to resume production,” eat meat only once or twice Abrahams said. “We are a week in Guatemala, while in the process of replacing earning $4 a day, can earn workers so we can avoid $60 a day in Iowa, enough any interruption of meeting to eat beef or chicken customer needs for high three times a day, he said. quality products.” “You take away a hundred Abrahams also noted people. A couple hundred that the company was in more will come tomorrow; the process of enhancing they’ll just go to L.A., its immigration compliance New York, New Jersey and procedures. Miami,” said Jochol, a 21- “We are working with year U.S. resident. experts in immigration Eduardo Santos, 27, compliance to help us who came from Guatemala bolster our compliance and lost two of his fi ngers efforts to employ only working at the factory, said properly documented the raid was “fair . . . but it’s employees,” he said. bad for everybody. There’s “We have signed up for no work.” He plans to go a government electronic home. verifi cation program, “The problem is, who and are working with is going to do the work?” our consultants on said Stephen G. Bloom, additional compliance a University of Iowa measures that will enhance journalism professor who our hiring process.” wrote a 2000 book on Agriprocessors also has the clash of cultures in launched an independent Postville as Agriprocessors’ investigation into the Lubavitch Jewish leaders circumstances which led to gained infl uence in the the worksite enforcement mostly Lutheran town. action, and is cooperating “This is a no-win situation.” fully with the government. The Washington Post “We extend our heartfelt contributed to this report.

Page 6 Perfi dy in Iowa May 30, 2008 Rubashkins: Buckling Isn’t An Option

How goes it in Postville, Iowa? alleged “abuse.” if the company were to be convicted Two weeks have passed since an Apparently advised of the legal of criminal charges, “a change in army of U.S. immigration and FBI consequences of presenting allegations AgriProcessors management would agents, backed by local and state police as proven fact (libel), Epstein probably preclude” the radical step of and members of other agencies, stormed stopped short of issuing an outright removing the OU’s hechsher. AgriProcessors, the kosher meat- condemnation. Rabbi Moshe Elefant, head rabbinic packing plant in Postville, Iowa. Conservative groups have been coordinator of the OU’s kashrus 389 immigrant workers were hauled seeking to carve a role for themselves department, noted the intense pressure away, the bulk of them to a makeshift in the kashrus certifi cation domain by being exerted on the OU by various detention camp at the nearby Waterloo promoting a new kind of endorsement. groups under the OU umbrella, to Cattle Congress grounds, an arena used Touting their concern for human withdraw its supervision from the meat- for livestock. rights and humane treatment of animals, packing plant. Criminal proceedings were begun and insisting that “kashrut is about more “The fact that we have publicly immediately. The hearings ended with than adherence to halacha,” they propose announced that we maintain our 297 people entering guilty pleas in four to issue a special stamp, “Hechsher hechsher in the face of enormous days. The vast majority agreed to plea Tzedek,” issued by a national body of pressure to withdraw it, is the strongest bargains that stipulated fi ve-month American Conservative rabbis. possible evidence of our confi dence” in jail sentences followed by immediate The supervisory board of Hechsher the Rubashkins’ integrity, he said over deportation. Tzedek would rate a company in terms the telephone. [Prosecutors made it clear that had of how it treats its workers and the He added that the Rubashkins have the workers chosen to go to trial, they animals it slaughters. Conservative done American Jewry an enormous would face charges of identity theft, Jewish leaders have been trying service by “making it their responsibility which carries a much harsher sentence unsuccessfully to market their proposal and their goal that Jews in every part of -at least two years behind bars, the New to their constituency as well as to kosher the country had access to kosher meat York Times reported.] meat-packing plants. and poultry.” LYNCH MENTALITY AgriProcessors has consistently “It’s in the interest of our entire The media glare has since moved brushed off their bid for legitimacy, community to see them prosper,” he from the immigrants’ plight to the antagonizing Conservative rabbis who said. plant’s management and owners, issuing are trying to get their foot in the industry’s ESPRIT DE CORPS a stream of pious op-eds calling for the door, and who are now retaliating. Meanwhile, in Postville, itself, and investigation and prosecution of the OU: WAIT AND SEE especially within AgriProcessors, Rubashkin owners for alleged worker The Orthodox Union [OU] informed few seemed to be worried about the abuse. the Rubashkins that for now, the speculation abounding in the media A particularly strident call to prosecute OU certifi cation on their meat and about a possible federal indictment the company’s management has come poultry would remain in place, but hanging over the management, or from Iowa Congressman Bruce Braley. that the organization “was watching predictions that the plant would close Both the general public and some developments carefully.” down. Jewish leaders have swallowed media “Rabbi Menachem Genack, the head “Buckling is not an option,” one of reports uncritically, generating a of OU’s kashrus division, said the OU the managers said. “In fact, morale here lynch mentality. The head of a leading would sever its relationship with a fi rm is very high and production is picking up Conservative Jewish group, Jerome if it had “some serious violation of the every day.” Epstein, was widely quoted in the law,” such as a felony conviction,” Chaim Abrams, who works in sales press as urging his constituency to give Jerusalem Post and JTA reported. at the plant, said that the company had “serious consideration” to boycotting In an interview with Yated, Rabbi been bouyed by the esprit de corps in the AgriProcessor products to protest the Genack qualifi ed his statement. He said town, as volunteers from Postville and

Perfi dy in Iowa Page 7 beyond rushed to offer their help to fi ll addition on to the local Y,” he said. “The occasions to purchase food for the worker void. Rubashkin family gave us a handsome immigrant families too poor to put bread “Whether Litvish, Chasidish, Belz, donation. It was the same with the day on their table. Lubavitch, everyone’s rallying. We’re care center and with other community The plant is under the hashgacha of all together, all on the same team. The projects. These are very generous, Rabbi Menachem Aryeh Weissmandel achdus is heartwearming.” community-minded people that can of Monsey, N.Y. “The high standards He noted the announcement made by always be counted on to help.” the company is known for continue to be AgriProcessors owner Aaron Rubashkin “They’re very down to earth,” he maintained,” he said in an interview over last Friday, that in view of the company’s added. “They act like they are nothing the phone, while at the site. “Nothing expansion, new leadership positions had special, just another “Joe.” has changed in that department.” opened up and a search was in progress He remembered that when a nearby He said that the plant has resumed up for a new CEO. poultry plant, Iowa Turkey Inc., burned to 50 per cent of its production and the The current head of the company, R’ to the ground in 2003, collections number is rising. “None of our shochtim Shalom Rubashkin, will be aiding in that were taken up to help the workers who or mashgichim were affected by the search, he said. were left without employment. “The raid,” he said. Employees and Postville residents Rubashkins contributed chicken, meat Meanwhile, critics ponder the broader familiar with the plant dismissed as and even gave space at their plant to help implications of the federal raid which, ridiculous many of the allegations the company salvage what it could.” as one columnist put it, “was a show of making the rounds. Another Postville resident told of force, but not of wisdom.” “A meth lab on the premises? Guns? how a Guatemalan worker at the plant “Immigration and Custom I’m laughing out loud,” said Aaron fell ill and eventually passed away. “The Enforcement [ICE] was established in Goldsmith, who owns a hospital bed Rubashkins paid for the funeral and 2003 and has a budget that has grown company in Postville, and whose two helped the family out afterwards.” to over $5 billion dollars a year,” a sons once worked at the plant. An employee at AgriProcessors Wall Street editorialist pointed out. Between 12-15 offi cials from the U.S. told of a non-Jewish woman who “With its stated mission of protecting Department of Agriculture frequent worked there and had a son who died. America by targeting the people, money AgriProcessors on a regular basis, and The husband started to drink heavily and materials that support terrorist and have access to all parts of the plant day and the family was falling apart. The criminal activities, one has to wonder or night, he noted. Rubashkins paid for him to enter a drug how this massive raid in Iowa has “Do you think a drug lab or major rehabilitation center. “Thanks to their furthered the goals of ICE.” infractions of the law could possibly be help, he was eventuallly able to get back How many millions of dollars going on under the noses of the USDA?” on his feet and pull the family together,” were poured into this operation and In fact, the claims for the presence the employee said. will continue to be lavished on it as of a methamphetamine lab, which were A member of the church in Postville investigation and prosecutions continue, emblazoned all over the headlines in told of money that had been received taxpayers want to know. the days following the raid, seem to from the Rubashkin family on several Does anyone feel safer? be quietly disappearing. No evidence or statements have appeared in the past few days that it ever even existed. And most of the initial headlines referring to it were lifted from major news outlets. POSTVILLE PAINTS DIFFERENT PORTRAIT As the media continues its feeding frenzy, painting the Rubashkins as self-serving people willing to exploit impoverished workers, a different picture emerged from the spontaneous descriptions of locals in Postville in interviews with Yated. The vice president of Postville’s Freedom Bank Mike Crukenberg commented over the phone that local residents of Postville know the Rubashkins as humanitarian people interested in the welfare of their fellow townspeople. “We ran a drive to build an

Page 8 Perfi dy in Iowa June 20, 2008

Agriprocessors Steps Up Production as Conservatives and Liberal Orthodox Groups Step Up Attacks

BY RABBI AVROHOM HOFFENBERG

Agriprocessors continues to hire new Orthodox establishments, headed by been addressed long ago and are under workers in an effort to fi ll shortages of the late Rabbi Joseph B. Soloveitchik. constant supervision by a large team of glatt kosher meat and poultry in the These included participating in interfaith on-site USDA inspectors. Uri L’Tzedek marketplace in the aftermath of a federal dialogues and organizing joint yemei also cited unsubstantiated rumors about raid in which scores of illegal immigrants iyun with Conservative and Reform child labor and stories of abuse. In other were arrested. Sources say that Agri is clergy. words, they bought the propaganda of the nearing full production on its deli and Uri L’Tzedek has raised all of the issues UFCW and the PETA activists and called poultry lines and is working around the in the allegations against Agriprocessors for a boycott against a company that is clock to hire skilled workers for its beef that were contained in the federal affi davit tirelessly working to restore the supply of production. that led to the raid in Postville, Iowa, kosher meats all over America. The call These developments come against more than a month ago. It did not seem for the boycott is against the Torah that the relentless onslaught of animal to matter to them that a call for a boycott they claim to represent and is shameful, rights extremists, PETA, the UFCW, based on allegations was unprecedented. shortsighted, and despicable. and leftist Conservative and Modern Nor were they fazed by the fact that the With the growth of the Orthodox Orthodox groups. A petition organized boycott might be damaging to a company community in recent decades, and its by Uri L’Tzedek, a group affi liated with that supplies a signifi cant portion of the desire for tough kashrus standards, the Yeshivat Chovevei Torah, is said kosher meat in the country and which the dominant institutions in kashrus to include 1,300 Modern Orthodox, has been responsible for keeping prices were led by the large agencies such Conservative, and Reform rabbis. They down. There was little concern that as the OU, OK and Chof K, and by even went so far as to use the term boycott hundreds of Jewish families in Postville Chassidishe hechsheirim in the Chassidic when they are fully aware that no group would be hurt, or that the plant is closely communities. In local communities, has suffered more from boycotts than monitored by a large team of USDA Conservative rabbis have virtually Jews. Many of their ancestors were in inspectors and rabbis. Even supermarket dropped out of kashrus supervision, which fact involved in boycotting the Orthodox- chains regularly audit the plant and, in is now almost exclusively in Orthodox run Vaad Hatzoloh when it attempted to fact, asked for their own investigation, hands. Nevertheless, recognizing that send aid to the impoverished Jews in the again unprecedented. kashrus is today a major part of Jewish ghettos during Churban Europe. In their letter to Mr. Aaron Rubashkin, life, many liberal rabbis, particularly in The Yated Ne’eman, most recently the founder and owner of Agriprocessors, the Conservative movement, are trying to in an article titled “Yeshivat Chovevei the Uri L’Tzedek group raised issues make a comeback with a new “Hechsher Torah’s Continuous Assault on Judaism,” such as humane slaughter, despite Tzedek.” They believe that kashrus is in the April 18 edition this year, exposed the fact that the last fi ve independent not just that the animals are slaughtered the left-leaning and anti-Torah behavior audits gave the plant high marks for its in accordance with Torah and halacha and of the yeshiva, which has included humane slaughter practices. They also how food is prepared, but it also must pass going against the poskim of the Modern referenced the undocumented workers, the liberal test of social responsibility. even when the plant had hired a former One can follow every government U.S. attorney, Jim Martin, to deal with regulation, with job standards, minimum They want to force kosher compliance issues during a time when wage, safety regulations and all the undocumented workers are a huge dictates of halacha, and even have 30-40 consumers to adhere to problem for America. The leftist leaning USDA inspectors in one’s plant, but not Orthodox activists challenged Agri about be acceptable because it is not “socially social engineering the low pay without a shred of evidence correct.” that this was true and also raised concern They want nothing less than to force about some 39 violations that are the traditional observer of kashrus to routine for slaughterhouses, which have adhere to their view of social engineering.

Perfi dy in Iowa Page 9 trying to take over the Agri plant for community is to reject these attempts at years. This union has a history of strong all costs and to address such questions arm tactics. Smithfi eld Foods, one of as: Will it allow “rabbis” who fl aunt If the leftist rabbis the largest food companies in the US, Jewish law, disavow Torah Shebiksav, sued them with charges of racketeering. and eat in treife restaurants set the are given a kashrus role, In Iowa, the UCFW has met with stiff standards for what kashrus represents? opposition from both workers and Is it right for religious movements to kashrus in the US the company. Allen has allied himself align themselves with unions whose with the union to try to break the plant. tactics are questionable and may cause will be at risk Allen recently visited Postville, Iowa, the cost of kosher meat to rise for many to examine the situation. This “rabbi” economically disadvantaged Jews? headquartered himself in the church All kosher plants must be in full Established kashrus organizations, led by where he interviewed local workers who compliance with all federal and state the Orthodox Union, have refuted these had been pre-screened by the union. regulations and government laws by attempts by groups such as Uri L’Tzedek If Allen wants to determine values having constant on-site supervision by and Hechsher Tzedek by saying that and morality, his own values should the USDA. They are also obligated to a social justice agenda has no place in come into question. Allen is one of observe the guidelines of the rabbonim kashrus, especially since Agriprocessors those Conservative rabbis who perform and their kashrus supervision agencies. If is a USDA plant with a large contingent “commitment ceremonies.” He himself we, G-d forbid, give the leftist rabbis any of federal inspectors who are on site at is a vegetarian, and eats in non-kosher role in kashrus, we are putting kashrus in all times. restaurants. Jewish consumers who the US at risk. The stakes for the frum Spearheading the Hechsher Tzedek believe in halacha obviously reject a community are very high and the faster effort is Rabbi Maurice Allen of St. Paul. new kashrus that has no basis in Torah we tell the Rabbi Allens and the Uri His prime target has been Agriprocessors, and halacha and is certainly based on L’Tzedeks that they should not lecture to since it’s the largest producer of kosher libelous information about kashrus. the Torah community about Tzedek, the meat in the US. The UCFW has been The challenge to the Torah observant better off we will be.

Page 10 Perfi dy in Iowa June 27, 2008 Who Do They Think They Are?

BY RABBI AVROHOM HOFFENBERG

Uri L’Tzedek (“Awaken to Justice”) employment and safety infraction a shred of evidence upon which to base is a self-described social justice group imaginable, although many of the its anti-Rubashkin activities - activities comprised principally of students of allegations were dropped upon having which can cause severe and irreparable Yeshivat Chovevei Torah (“YCT”). (YCT been immediately discredited. harm to over a thousand workers and is a left-wing fringe “Open Orthodox” thousands of Jewish businesses, as well as rabbinical seminary in Upper Manhattan ORTHODOX COMMUNAL numerous non-Jewish agricultural entities which has been the subject of much RESPONSE which depend upon Agriprocessors for controversy due to its radical departures The general consensus of Orthodox livestock transactions, as well as local from accepted Orthodox standards. Most leadership and organizations has been to and state businesses which service the Orthodox organizations - including the await the government’s full investigation Agriprocessors workforce. Uri L’Tzedek main Modern Orthodox groups - have and allow for due process before passing bases its aggressive attack solely on shunned YCT and do not recognize its judgment on Agriprocessors. the thus-far unproven allegations in the semicha.) Although Uri L’Tzedek is a Meat companies are very frequently recent government action. Aside from the small and little known group, its recent targeted by federal and state agencies, allegations having been thus far unproven, activities speak volumes about the type of as was the case with Pilgrim’s Pride (of they have not even been deliberated upon justice that Uri L’Tzedek claims to pursue. Butterball poultry fame), the nation’s by the attorneys for Agriprocessors and the The April 2008 federal government raid largest (non-kosher) meat packer, which government, much less presented in any on the Agriprocessors (“Rubashkin”) main was likewise the subject of a large legal proceedings. Nonetheless, despite a facility in Postville, Iowa, which targeted investigation. Swift Meat Co. was similarly total lack of proof, Uri L’Tzedek has taken illegal immigrants who were employed by subject to government raids for illegal serious steps to harm Agriprocessors and the company, was widely reported by Yated workers at six of its plants. Furthermore, the many thousands of others who would be Ne’eman and numerous other publications prominent and good-standing industrial directly affected by Agriprocessors’ losses and media. Hundreds of Agriprocessors food manufacturers are commonly cited as a result of Uri L’Tzedek’s pursuits. workers, nearly all of Guatemalan and and even fi ned for technical breach of a The many issurei Torah which pertain Mexican origin, were rounded up and plethora of often unknown government to damaging the reputation and fi nances removed from Agriprocessors as a result regulations, such that one cannot pass of another person without requisite proof of charges that these workers were in judgment on violations of these companies seem to not matter to the self-righteous Uri the United States illegally and obtained without knowledge of the nature and L’Tzedek group, whose use of the word employment at Agriprocessors by using scope of the transgressions. Being dan tzedek truly begs for explanation. false immigration documents. Pursuant l’kaf zechus fi nds no greater fulfi llment THE URI L’TZEDEK to the raid, government attorneys made than in this area, whose challenges countless allegations that Agriprocessors and complexities require thorough ANTI-RUBASHKIN was the site of nearly every type of investigation and due process before one CAMPAIGN can pass judgment. “The following is a list of kosher meat Contrary to the precept of being dan l’kaf suppliers around the nation that do not use Uri L’Tzedek is a zechus, Uri L’Tzedek has called for a total Rubashkins products. It is not complete. boycott of Agriprocessors and has joined Help us complete it. Call your local kosher natural outgrowth of with non-Orthodox Jewish groups toward meat establishments, fi nd out if they are this goal. Although there has not been using Rubashkins, then send the names, a single indictment or legal proceeding city...that do not do to Uri L’Tzedek... placing liberalizm fi rst against Agriprocessors’ management, Uri This list will be updated as you provide us L’Tzedek has perverted the meaning of with information...” (from Uri L’Tzedek’s and halacha second tzedek by engaging in an all-out effort to website) harm Agriprocessors to the fullest extent In its very public effort to damage possible. Uri L’Tzedek has not mustered Agriprocessors, Uri L’Tzedek claims to

Perfi dy in Iowa Page 11 meat costs and preventing them from going through the roof. Attacks based on unproven allegations In light of the above most serious considerations, one would hope and presume that a person or group which have over 1,000 signatures on an anti- its liberal-pluralistic agenda have fostered intends to damage Agriprocessors would Rubashkin petition. Among the signatories the likes of Uri L’Tzedek. Uri L’Tzedek be extremely deliberate and cautious in are Rabbi Avi Weiss, founder of YCT, is a natural outgrowth of a culture which its actions, the consequences of which Rabbi Shlomo Riskin, YCT Advisory places liberalism fi rst and halacha second. Board member, and Ruth Messinger. By In fact, YCT anti-Rubashkin momentum would likely severely impact the access of soliciting Ruth Messinger and numerous began a while back. Rabbi Jeff Fox (YCT small Jewish communities to kosher meat, Reform and Conservative rabbis toward graduate and faculty member) stated in a would drive up prices, and would cause its efforts, Uri L’Tzedek is magnifying 2006 interview: “One issue that Chovevei incredible harm to thousands of workers, the degree of chillul Hashem, attempting rabbis are particularly suited to taking on,” businesses and agricultural entities. Uri to air what Uri L’Tzedek considers to be he said, “is that of Agriprocessors. That’s dirty laundry to the non-Orthodox world. an issue that if Chovevei doesn’t take it L’Tzedek has failed to exercise a modicum The last thing we need is for non-Orthodox on, nobody will take it on, because nobody of deliberation or cautiousness in this Jews to be convinced by one purportedly else is going to say the OU is certifying regard. Orthodox group that another Orthodox treif.” (Canonist.com) Rabbi Fox made All Jews are deemed to have a chezkas entity is in fl agrant violation of numerous these shocking remarks during a larger kashrus - a presumptive status of goodness laws and lacks any ethical standards. discussion about YCT’s application to the (Apparently, while its agenda purports Rabbinical Council of America (“RCA”) and righteousness - unless demonstrated to fi ght for the honor of workers, kevod for recognition of YCT’s semicha. Rabbi to the contrary. Uri L’Tzedek has indeed Shomayim (the honor of Hashem) is not Fox was envisioning the contributions demonstrated that it has no claim to a part of the Uri L’Tzedek agenda.) which YCT graduates would make to the chezkas kashrus, as have its ideological It must be noted that this publication RCA as part of the RCA’s interfacing with and the Torah world does not make light the OU kashrus agency. Thankfully, the mentors at YCT, who have crossed every of abuses, chas veShalom. Were it to RCA turned down YCT’s application. red line common to Orthodox Judaism by be demonstrated that Agriprocessors Followers of the current Agriprocessors any defi nition. or any business or person engaged in issue should note one additional, very “Tzedek tzedek tirdof: haleich achar abusive behavior, Orthodox leaders and important point. Unlike most kosher meat beis din yofeh - You shall verily pursue organizations would concur that the companies with mehadrin standards and offenders must be penalized and face the wide acceptability, Agriprocessors has been justice - go to an appropriate court or results of their actions. The problem here able to provide glatt kosher products to far- arbitrator” (Sanhedrin 30b). is that no abuses or ethical violations have fl ung, small Jewish communities across the “Hevu mesunim ba’din - Be deliberate been demonstrated, yet Uri L’Tzedek nation - all at competitive prices. Rubashkin in passing judgment” (Avos 1:1). has been more pro-active than the most does its own distribution, thereby keeping Uri L’Tzedek, in its politically-correct aggressive regulatory body in condemning prices reasonable and enabling the company and attempting to punish Agriprocessors, to reach smaller markets which independent liberal zeal, has breached these Torah all without due process and proof. distributors may not service. It is a known axioms and cannot be looked to for true Agriprocessors has passed its last fi ve fact that prior to the establishment of tzedek by any Torah Jew. humane slaughter audits. Dr. Temple Agriprocessors, Grandin, the world-renowned veterinary many of the authority, has personally inspected company’s current Agriprocessors and given a favorable customers in report of her fi ndings. The government’s small towns had case has just begun and has not involved no access at all to any indictments or convictions of kosher meat with Agriprocessors’ management. The acceptable kashrus company is voluntarily replacing its CEO standards. Some of and has retained employment attorneys these customers, and management consultants to investigate who had weaker its operating procedures and provide commitments to guidance. Nonetheless, unlike all other Torah, ate meat of Orthodox organizations, Uri L’Tzedek sub-par kashrus has opted to smear Agriprocessors with standards before the most damaging tactics, lacking any Rubashkin came evidence. onto the scene. Uri L’Tzedek does not operate in a Additionally, due to vacuum. In major exposes, Yated Ne’eman its broad reach and has demonstrated YCT’s lack of fi delity to competitive pricing, halacha and its intent to create a liberal- Agriprocessors has pluralistic new type of “Open Orthodox” been the major factor Judaism. YCT’s approach to halacha and in controlling kosher

Page 12 Perfi dy in Iowa July 11, 2008 Uri L’Tzedek Cancels Rubashkin Boycott

On Tuesday, Uri L’Tzedek cancelled its The raid also severely impaired the employees. Slightly more than 3,700 illegal boycott of Agriprocessors, the largest meat company’s production capacity, sparking immigrants have been arrested in dozens of producer in the United States. The New fears of a kosher meat shortage in the sweeps since last October, according to the York-based social justice group, which is United States. federal government. run by graduates of the “Open Orthodox” To date, no charges have been brought In a rare example of company owners Chovevei Torah school in Riverdale, NY, against Agriprocessors’ owner, or any facing charges related to illegal workers, stated that it dropped its boycott because the other members of the company’s upper federal authorities last week charged company is “beginning to take signifi cant management. two owners and three supervisors at a steps” to address alleged claims of worker But Nathan Lewin, a prominent attorney rag-exporting company in Houston with mistreatment at its plant in Postville, Iowa. representing the company, is accusing the conspiracy to harbor illegal immigrants, Uri L’tzedek launched the action in mid- U.S. government of “selective prosecution” inducing them to come into the country and June. in its targeting of the company. engage in illegal hiring practices. “In light of these early signs of reform, “The government should be asked why Those arrests follow the June 25 roundup Uri L’Tzedek is no longer calling for the it picked on Agri, a relatively small meat- of 166 illegal workers at the company, community to abstain from purchasing packing plant, to make its point about Action Rags USA. Agriprocessors’ products,” the group said. illegal immigrants working at such plants,” The Houston case bears other striking “Time will show what kind of results Lewin wrote in a statement to JTA. “This is resemblances to what unfolded in Postville: these reforms will yield for the workers at a great injustice in light of the fact that Agri Both featured months-long undercover Agriprocessors.” has made a major contribution to Jewish investigations involving government

The fi rst bit of good news

In calling off the boycott, the group said religious life in the U.S. by providing informants posing as illegal workers in an it was encouraged by reforms instituted by high-quality packaged kosher meats now effort to gain employment. a former federal prosecutor hired recently available in supermarkets across the Like Agriprocessors, Action Rags is as the company’s compliance offi cer. country. facing claims that it employed underage The move by Uri L’tzedek represents “The Orthodox Jewish community workers and that working conditions the fi rst bit of good news in a while for should call the government to account for were substandard. Representatives of Agriprocessors, which has been reeling the damage it is doing by this selective the Houston company have denied all since federal authorities carried out the prosecution of Agri.” wrongdoing. largest workplace immigration raid in Under the Bush administration, federal Agriprocessors also has denied the American history in Postville on May 12. authorities have escalated their crackdown charges leveled against the fi rm while More than one-third of the company’s on illegal workers. struggling to repair its public image. The workforce was detained in the raid, including According to the Houston Chronicle, company has hired the high-profi le public 18 juveniles. Some 300 employees have 1,755 individuals were detained in May relations fi rm 5WPR, and last week ran pleaded guilty to various forms of identity alone by U.S. Immigration and Customs advertisements in major Jewish newspapers. fraud and are facing deportation. Enforcement, including 389 Agriprocessors JTA contributed to this article.

Perfi dy in Iowa Page 13 August 8, 2008 Rhyme and Reason

BY RABBI PINCHOS LIPSCHUTZ

This week’s parsha begins with the method of killing animals. The reason to provide a humane form of animal words “Vezos chukas haTorah.” Rashi we eat meat only from animals whose slaughter, and the laws of kashrus were quotes the words of Chazal who explain innards were checked and found to be designed to provide us with healthy the use of the word chukas in describing without blemish is not because those and clean meat, it follows that if the the laws of parah adumah. He says that animals are healthier. slaughterhouse does not conform to the term chok represents a Divine law, Why, then, do we scrupulously their concept of clean and humane, the the reasons for which we were not made adhere to the smallest details of ritual meat is unfi t for consumption. privy to. The nations of the world scoff slaughter? For the sole reason that When a company such as Rubashkin at us, asking why we observe these we are required to follow the word supplies 60% of kosher meat in this strange laws and customs. Instead of of G-d as commanded in the Torah, country, that is not a situation to trifl e engaging in debates with them, offering as delineated in the Gemara, and as with. No longer are there kosher up explanations and rationales, we are codifi ed by the Shulchan Aruch. A slaughterhouses dotting the country; to state simply that we follow these laws mashgiach must attest that the shochet they are few and far between. To because G-d commanded us to do so. cut the majority of the two simanim, the jeopardize their production is to cause a End of conversation. konah and the veshet. A hair’s breadth - shortage of kosher meat and guaranteed But some of us tend not to be kechut hasa’arah - makes the difference price hikes. content with this approach. We seek to between kosher and non-kosher, Jews were in this country for many understand the deeper wisdom behind between something fi t for consumption decades before systems of competent the mitzvos and the reasons for the and neveilah. and reliable kashrus were set up. For gezeiros derabonon. We believe that Rashi states in Maseches Sanhedrin years, the kosher industry was chaotic, by attaching a reason to a mitzvah, we [90] that one who believes in techiyas controlled by mafi a-style gangsters. will enhance its observance. If we can hameisim because he came to that Rabbonim who came over from the explain the word of G-d in contemporary conclusion on his own and not because old country and attempted to establish terms, we can bring more people into the he believes the drashos of Chazal is proper standards were run out of town, tent of Torah and expand the popularity a kofer, an apostate. We follow the humiliated and maligned. of its observance. Offering explanations commandments, chukim and mishpatim It was only after the Second World for the mitzvos will not only make us because we believe with our innermost War that Holocaust survivors such as the more effective in kiruv, we think, but it fi ber that G-d created us for that Satmar Rebbe, the Tzeilemer Rov and will strengthen our own observance. purpose. Once we inject our own human Rabbi Alexander S. Rosenberg stood One can’t deny that there may be reasoning into the equation, we are no up to the charlatans and succeeded in some validity to this approach at times. longer following the will of G-d. fi nally bringing genuinely kosher food Yet, when we fail to take Chazal’s Once we get into the business of advice seriously, we pay the price. We interpreting the will of G-d for the open the door to a form of Judaism “a la masses, we lose our footing. We lose carte” - where people choose to observe perspective. We lose appreciation for We don’t appreciate the mitzvos that “resonate” and suit their the mitzvos as we bring them down to taste, while neglecting those that appeal our superfi cial, fallible level. the kindness G-d has less to their reasoning or emotions. And there is another way we lose. As an example, let’s take the mitzvah Witness the ongoing campaign against showered upon us of shechitah. The reason we eat only the Rubashkins by those who consider animals whose necks were slit with themselves more liberal and advanced a swift cut of a shochet’s sharpened than we are. Since they believe that blade is not because that is the humane the laws of shechitah were created

Page 14 Perfi dy in Iowa to the masses of Jews living here. Rabbi the cause of Torah in this country. to social justice. Hekhsher Tzedek will Rosenberg, in particular, as head of the To illustrate the point: Chovevei seek endorsement from all producers of OU, brought to fruition the dream of students have now created common kosher food and will have its symbol providing kosher food to Jews across cause with members of the Conservative serve as an indicator of a product’s this country wherever they lived, in large clergy and secular Jewish organizations acceptability. Only food already certifi ed cities and small towns. The kashrus seeking to curtail the distribution of as kosher would be eligible to receive organization he developed enabled Rubashkin’s kosher meat based on a Hekhsher Tzedek. We hope that this people to go into any supermarket and unproven pretensions and pretences. initiative will serve as an ethical model purchase kosher food. The Conservatives aren’t stopping throughout the entire food industry.” We, who live in neighborhoods there. The same group which, since As did mosrim of old, they are overfl owing with religious Jews like its founding, has wreaked havoc upon engaging in a massive propaganda ourselves, are deluded into thinking that Jewish communities, misleading campaign through a compliant Jewish there are millions of us out there. We fail uninformed Jews into believing that and secular media, bashing Orthodoxy to realize how small our numbers are in they were comporting with Judaic law and its “archaic” standards. How ironic. relation to the population of the United and tradition as it drove them away The people who uphold the Torah and States. We don’t appreciate the kindness from authentic observance, now seeks follow in the footsteps of their ancestors, that G-d has showered upon us, brought to bring kashrus under its jurisdiction. who brought monotheism and a system about through the brilliance of people The same group that introduced chillul of civil laws, jurisprudence and decency such as Rabbi Rosenberg, in having Shabbos as shemiras shabbos and to a pagan and depraved world, are such a wide array of kosher products estranged tens of thousands of fellow being lectured to by charlatans who freely available. When you think about Jews from the mitzvos now has the have destroyed for their followers every it, it is a miracle that international food temerity to dictate to us the laws of vestige of the very religion they claim companies such as Coca-Cola and kashrus. to promote. Proctor and Gamble permit rabbonim The Conservative Rabbinical These same leaders who have robbed to snoop around in their facilities, and Assembly and United Synagogue their followers of every remnant of actually pay them to do so, all in order breached the most basic bounds of kedushas Yisroel by substituting Torah to sell an additional small amount of decency by issuing a statement urging its law with fi ctitious “halachot” and their product. constituents to seek kosher alternatives other innovations seek to undermine Yes, there are many heimishe to Rubashkin products. the system of kashrus which took so companies, but without the large multi- The May 22nd statement read, in long to establish. In so doing, they will nationals at the top of the food chain, part: “The allegations about the terrible willingly destroy our ability to purchase they could never exist. They could never treatment of workers employed by kosher meat and poultry in every corner supply enough product and produce all Rubashkin’s have shocked and appalled of this vast country. the necessary ingredients on their own; members of the Conservative Movement So swept up are they in their role as there simply are not enough resources as well as all people of conscience. great humanitarians that in the name and capital to provide the infrastructure. As Kashrut seeks to diminish animal of benefi ting immigrant workers and This paper has been writing suffering and offer a humane method of animals, they are willing to do a terrible periodically about Yeshivat Chovevei slaughter, it is bitterly ironic that a plant disservice to the Jewish people in this Torah and warning of the dangers it producing kosher meat be guilty of country - robbing many of the blessings presents. Some were not convinced and infl icting any kind of human suffering.” made available by decades of mesiras sent in letters to the editor asking why And they are not stopping there. They nefesh on the part of dedicated people. we are bothering with them. What does are setting up an organization by the By parading the unproven allegations the Yated care about what Chovevei name of “Hekhsher Tzedek” to operate of PETA and other aberrant groups does? How does it affect you? as a rabbinic kosher supervising agency. through the press that “kosher is not The answer is as follows. In addition According to one of their statements, really clean,” that Orthodoxy does not to the principle of kol Yisroel areivim “Hekhsher Tzedek would bring certifi ed guarantee civil rights, who knows how zeh bazeh, every city they penetrate kosher food into compliance with the many people these “humanitarians” will and every beachhead we permit them to Torah’s tradition of ethical laws and cause to turn away in revulsion when create represents a step backwards for the Jewish community’s commitment they see a kosher symbol on a product? How many stores will they be able to convince not to carry kosher meat? How many companies will they be able to hoodwink into accepting their Without the kosher multi-nationals rabbinic supervision? How many people will begin to honor the endorsement of their rabbis? How many will begin at the top of the food chain, questioning our system of kashrus while swallowing the pop-propaganda the heimishe companies could not exist of these arrogant groups? Let us wake up and put a stop to this misguided and dangerous crusade before it is too late.

Perfi dy in Iowa Page 15 August 8, 2008 A Tale of Two Cities

Lynch by Media

BY RABBI PINCHOS LIPSCHUTZ

As I waited patiently for my fl ight given a tremendous boost to secular Jewish Is it possible that they are really that which kept on being delayed, my attention organizations and agencies that have their wrong? Can it really be true that the switched to the TV screen broadcasting own ax to grind against the Rubashkins. New York Times, CNN, Representative to the spaced-out people at the airport In particular, the JTA, the Jewish news Gutierrez, the Des Moines Register, the gate. I thought I heard someone say the agency that supplies dozens of local Jewish Associated Press and everyone else is name Postville, so I looked up. It was newspapers with news tidbits to stick making it all up? CNN. Representative Louis Gutierrez (D- between the ads, has been generating a Having read much about Postville, I sort IL) was railing against the owners of the stream of anti-Agri articles, as they promote of expected to fi nd a picture-perfect little Agriprocessors plant in Postville, Iowa. He the Conservative “Heksher Tzedek.” town of homes surrounded by beautiful was calling for authorities to bring them What is this all about? Why is so much lawns and gardens which could be featured to justice in the wake of the recent raid by attention being focused on this kosher plant on stunning postcards depicting idyllic life. the U.S. Department of Immigration and located in Postville, Iowa, in the middle of I was also led to believe that the Agri Jews Customs Enforcement [ICE]. Nowhere, USA? were ruining this fi ne picturesque town In that raid, almost four hundred people To answer these questions and many with their unkempt homes and un-mowed were arrested on suspicion of being illegal more, I set out last Wednesday night on lawns. In addition, the impression is made aliens. Hundreds were summarily formally an eleven-hour journey to Postville. After that their strange and poor habits are on charged and incarcerated, prior to their writing several articles defending the display as they parade around town and slated deportation. Rubashkins, owners of the beleaguered drive their old jalopies as if they own the The congressman, for good measure, plant, I wanted to see for myself what really place. also lashed out at the federal government goes on there. The leadership mission was Well, not exactly. Driving through Iowa for its “dehumanizing” treatment of illegal organized by Rabbi Pesach Lerner of the is indeed a special treat. As far as the eye aliens. National Council of Young Israel. I agreed can see, all one encounters is growing corn. The interview captured the lynch to participate only after being promised You see a lot further in Iowa than you do mob mentality that has been gathering that I would not be expected to write an in New York, because the land is fl at and momentum against the Rubashkins in article about my visit. there are no hills or tall buildings to block the press, led by the New York Times. I am no stranger to slaughterhouses. your view. You can literally see from one The Times has run a spate of one-sided My father has been involved in the fi eld of end of the horizon to the other. The simple, articles painting the meat-plants’ owners as kashrus for decades and has taken me with pristine beauty is breathtaking. There unscrupulous people intent on criminally him to visit several facilities. During the are miles and miles of nature’s bounty, exploiting immigrants for their own years I was learning for semicha, I visited interrupted only by a farmhouse, silo, barn personal profi t. a couple of places on my own. Killing is or tree here and there. A prominent front-page article in their never pretty, even if it’s only cows and And then you enter Postville, not even Sunday, July 27 edition, and another one chickens under the knife. a one-stoplight town. Downtown is all of the following day on page 11 tried to The New York Times, in its lead editorial two blocks long. The homes are neat and recast a recent demonstration in Postville this past Friday, August 1, described much closer to each other than you would protesting the government’s mistreatment the Agri plant as “A slaughterhouse in expect. They are nothing grand; many of the illegals as a demonstration against Postville, Iowa, develops an ugly reputation are old and weathered. Though the Jews the Rubashkins. for abusing animals and workers. Reports live on the same blocks as the indigenous The Times article played up the of dirty, dangerous conditions at the population, you cannot tell which homes complaints of a few aggrieved former Agriprocessors kosher meatpacking plant are Jewish and which are not. All the lawns Agriprocessors employees, some of whom accumulate for years… The plant has been are trimmed, and the outsides of the homes had lied about their age and their status to called “a kosher ‘Jungle’…The conditions are clean. So much for yet another lie which secure jobs in the plant. The newspaper’s at the Agriprocessors plant cry out for began to spread when the chassidim came transparent effort to whip up public the cautious and deliberate application of to town and was perpetuated in print and outrage against the meat-plant owners has justice… made the offi cial truth for years thereafter.

Page 16 Perfi dy in Iowa Nobody is double-parked. Nobody is even more sinister transpiring here? aliens employed by Hasidic Jews in a seen speeding through the town or seems Did you ever wonder how a blood libel Bible Belt lily white corner of Middle to be in any rush at all. And the “pushy, works? When reading stories of blood America? Who will rise to the defense money-grubbing” Jews, as the media paints libels from years gone by, did you ever of the Jews? Who will cast doubts on the them, are the nicest people in the world. wonder how people fell for those stories? story of “Jungle” savagery perpetrated Perhaps we can understand the need to Did you ever wonder where the people by the rich, money-obsessed New York vilify Agriprocessors in part by pondering of goodwill were and why they didn’t Jews everyone knows only care about the controversy surrounding Wal-Mart. speak up? Did you consider that perhaps money? It’s a perfect real-life illustration This chain store has become the all-around the stories were just fairytales that were of the rich taking advantage of the poor and scapegoat for media and liberal Democrat overblown by writers eager to sell books? downtrodden. bashing. Despite all the decent jobs they It wasn’t that long ago that pogroms Everyone buys into it - even our own provide and all the products they sell at were perpetrated against the Jewish people - as the Hasidic Jews are portrayed lower prices, which make them affordable population by illiterate peasants egged on as wild-eyed, fanatic, money-grubbers for the lower-class families, the media by the Church and government authorities. straight out of Shylock, taking advantage and politicians profess to care so much Today, thankfully, the gentiles don’t of a lower class population to further enrich about, they have been virtually demonized. come after us with sticks, knives and themselves, and destroying a pristine Politicians and demagogues who seek a guns; today, blood libels are a thing of the American town in the process. cause and a headline have set up Wal-Mart past. However, as I was walking through We have previously exposed the as their convenient whipping boy. the Rubashkin plant last week, I could hypocrisy of Jews who couldn’t care less From the day Wal-Mart decided to keep not help but think that today, blood libels about kashrus, having the temerity to their expertly managed stores union-free, and pogroms are still being perpetrated lambaste the kosher standards of the fi nest they have been targeted. Vicious rumors are against us. Today, the pastor preaches to kosher meat plant in the world. What is continuously fabricated about the company. illiterate aliens who benefi t from a lifestyle perhaps sadder is when people who ought The jobs, products and convenience they they could only dream of back home and to know better scratch their heads and provide, and the charity they give, are encourages them to battle the Jewish boss wonder if perhaps they should also be negated. The wealth they create is ignored. who is the source of their largesse. boycotting the company and its products. The unions lobby against them relentlessly, Today, instead of knives and spears, the They don’t realize that they have been while a rumor-mongering media and warmongers’ implements of battle are the hijacked by fraudulent individuals who self-promoting politicians throw in their New York Times, CNN, JTA, and every have poisoned their minds with the steady punches wherever possible. other media outlet looking for a good story drumbeat of their propaganda. They don’t Is what is going on in Postville akin to and willing to twist the facts wholesale in realize that they have fallen victim to a what happens in Bentonville, Arkansas, order to fabricate one. cleverly laid trap. home of Wal-Mart, or is there something What can be a better story than illegal Ever since I toured the plant, it has been gnawing at me: How do I say what I want to say about what I saw without people suspecting that I was paid off? I can only report the unvarnished facts and hope that people will be infl uenced to take a closer look at an epic injustice unfolding there. The story of Agriprocessors and the Rubashkins of Postville is a tale of two cities, two factories, and two owners. Incredibly, the same people the mainstream media wants to lynch are hailed as heroic, charitable, kind-hearted, decent bosses and honest businessmen by those who deal with them on a daily basis. I had never met any of the Rubashkins prior to my visit to Postville. I found them to be eminently loveable, geshmakeh, heimishe people you’d want for neighbors and friends. They are full of chein and seem to possess good doses of seichel tov. You see the distinct pride they take in the place that their family built up through many years of hard work and much siyata diShmaya. Yossi Rubashkin, together with the rav hamachshir, Rav Menachem Meir Weissmandel, both repeatedly went out of their way to point out the many hiddurim in the shechitah, bedikah and salting process at the Agriprocessors plant. There is no cutting of any corners. You see how

Perfi dy in Iowa Page 17 calmly the shochtim and bodkim go about for their anger is Agriprocessors. It is clear mitzvos min haShomayim and lead other their work with patience and precision. that Mr. Catterson’s heart goes out to the Jews astray. You realize how important it is to keep fi ne people under attack. The plant can be operating smoothly this operation humming and supplying You hear from a variety of high- with two or more shifts a day, pumping Klal Yisroel with mehadrin meat. This is level managers. They are all clean-cut, money and resources into what was a not a potato chip factory, which we can all intelligent, experienced, well-spoken dying town, and the people who want to live without. It contributes the most vital professionals, who clearly take great pride fi nd fault with Jews will still try to fi nd the component of a kosher home. in their jobs and the standards they have horns which they know we hide under our It is a priceless gift to have such a large established and maintain at the company. funny-looking beanies. enterprise supplying American Jews - and They express their strongest support for We have to be upright, honest Jews the world over - with the fi nest in the factory and their faith in its system and and forthright. We must fulfi ll the kosher meat. We need to recognize the owners. commandment of “Vehiyisem nekiyim worth, quality, importance and magnitude You wonder how this calamity befell mei’Hashem umi’Yisroel” [Bamidbar 32: of this gift, or we may very well lose it, them. What sin did they commit, besides 22]. We must never lower ourselves to the chas veshalom. being successful in a capitalist society, that levels of those who mock and torment us. As you walk through the modern, clean, they deserve to be demonized and dragged We are an am kadosh, and will always be, state-of-the-art facility, all the employees through the mud daily in the media no matter what they say about us or do to you witness seem happy with their jobs. across the country and targeted by the US us. They smile as they work and mill about Government for selective prosecution? We must go to whatever lengths possible during breaks outside and in the clean, air- Pondering the bizarre unfolding of to help each other. “Ish lirei’eihu yaazoru conditioned lunchroom, which the media events, you realize, fi nally, that there’s ule’ochiv yomar chazak.” When ehrliche alleges doesn’t even exist. no mystery here. It’s really nothing new. Yidden are in trouble, we must rally Every worker you meet speaks in Because this family is successful, because around them and support them so that they glowing terms about his employer. They they resisted the unions, because they can maintain their stamina to be able to say that they like the hours, are satisfi ed refused to honor the sham credentials of the withstand the onslaught of the yordei bor. with the pay, and yes, Mr. New York Heksher Tzedek promoters, the Rubashkins We don’t jump to conclusions and Times, they are satisfi ed with the overtime became a natural target. accept innuendo, no matter what the pay they do receive. But on a deeper level, it’s not the source, regardless of whether the subjects Everyone is so nice, friendly and chatty, Rubashkins that the world is in a frenzy are Lubavitchers, Satmar chassidim, or it seems like a big, happy family. You begin about, it’s what they represent - the Jews from Bnei Brak or Teaneck. to wonder, what is going on here? How can archetypical Jew, the eternal scapegoat. That is the meaning of achdus. That this be? According to media reports, the We have become spoiled in this free is what Tisha B’Av is all about. That is workers are supposed to be disgruntled, land of plenty. Unlike our parents and why we spend these Three Weeks and mistreated malcontents working in a fi lthy, grandparents, we haven’t been constantly Nine Days mourning. During this period, dirty, primitive plant overseen by cruel forced to defend our principles, our we must confront the fact that the reason overseers, who force them to work long practices and our patriotism. the Bais Hamikdosh was destroyed, and hours performing inhumane tasks. We live in a country where every man the reason it has not yet been rebuilt, is You meet with Postville’s mayor, Robert is supposed to be treated equally, regarded because of the sinas chinom which still Penrod, and hear him say, “We are very as innocent until proven otherwise. Thus, divides us. What can we do to bring proud of the Rubashkins… I’ve always had when age-old stereotypes and canards rear back the Bais Hamikdosh? We can seek faith in the Rubashkins… We’re looking at their ugly heads, we are surprised and don’t to improve our love for fellow Jews. We everything positive and we have the support know how to react. must increase our ahavas Yisroel - not just of the community… They have helped us But it is all essentially just another profess it, but show it, prove it and live and helped the community. This plant is chapter in the sad saga of the exile that by it. our livelihood. You are our livelihood and we commemorate this coming Sunday on We need to show our compassion for the will continue to be our livelihood. We need Tisha B’Av. poor, the maligned, and the abused, and feel to get this company back to what it was… Rav Weissmandel reminded me of what their pain. We need to help people affected It’s gonna be a tough ballgame, but we will his rebbi, Rav Berel Soloveitchik zt”l, by the current economic downturn, along get over it.” would repeat from his grandfather, the Bais with those who worry where their children Gary Catterson, pastor of the local Halevi, during his Chumash shiur. are and what they are doing, and others Presbyterian Church and president of If a person senses that someone else who can use our support. Postville’s Food Bank, is effusive in his hates him because of his looks, he can We would do well to engage in more praise of the Rubashkin family and their try to alter his appearance. He can seek to caring, sharing and thinking about our charitable acts on behalf of all members of amend what it is about him that arouses the priorities should be, instead of being caught the community. He says in jest that when ire of the person he would like to befriend. up with trivialities and superfi cial matters. he hears all the stories and wild rumors However, if that person despises his very Sometimes, we become so accustomed swirling around about the company, he existence, then all he does to transform to acting in a certain way that we think wonders how anyone survived working himself will be of no avail. The other nothing of it and don’t realize how there. fellow will continue to despise him. In fact, our actions appear to others and how He ascribes the root of the anger the more he does to improve himself and inconsiderate we appear to be. Cynicism directed against the company as coming make himself a better person, the more the takes over our thought process and from people who want the town to revert other fellow will hate him. corrupts the way we think about our fellow back to the way it was in 1955 - white And so it is with Eisav and Yaakov. So, earthlings. There is no better time than now Anglo-Saxon protestant, and Norwegian too, with our unfortunate brethren who to replace negativity with a positive outlook and German Lutheran. The obvious target don’t believe in the sanctity of Torah and and sarcasm with affi rmative thought.

Page 18 Perfi dy in Iowa August 8, 2008 Why?

BY RABBI PESACH LERNER Executive Vice President, National Council of Young Israel

I have been asked recently why, even hungrier. being charged with things that were out of all the national organizations, Soon, rumors become fact, and the just too outlandish to believe. The the regional kashrus groups, and the unimaginable becomes real. Even papers were having an unjustifi ed many active and outspoken rabbis, the the believing and observant Jew fi eld day at the expense not only of National Council of Young Israel took unwittingly joins the frenzy, believing the Rubashkin family, but also of the the lead to organize and coordinate the unbelievable. average Orthodox Jew. They were last week’s national rabbinic mission Are all the accusations untrue? I did having a grand old time at the expense to the Rubashkin/Agriprocessors meat not know, but I felt that they could not of our traditions relating to kosher and poultry plant in Postville, Iowa. all be true either. meat and fowl. After the facts, post mission, Menachem Lubinsky, CEO I did more homework. I called it is easy to look back and take of Lubicom Communications rabbis and community leaders across professional satisfaction that the and marketing consultant for the United States and discovered that mission was successful. We saw the Agriprocessors, sent out an email to there were communities that began to reality on the ground. We saw what is a select group of Jewish leaders and experience shortages of kosher meat now being reported and, iy”H, we will activists. Apparently, I was on his and chicken. There were communities be successful in getting the truth out, list. He asked: Where is the Jewish where the price of kosher meat and in turning the tide of false criticism, community? How can we all sit back chicken was rising rapidly. I heard in assisting members of a good family and allow a respected family to be so stories of the rabbis’ fear that the who have invested their lives in vilifi ed? Why is no one rising to their kosher meat and chicken shortage supplying kosher meat and chicken to defense? would cause the marginal Jew, who Jews across the United States, in large I responded that it’s a good eats kosher because it is easy to do so, and small Jewish communities. At the question, but none of us have any to give up his kosher eating habits. I same time, we hope we can increase information; we only know what we heard serious concerns about what the level of communication between read. No one has shared any other the cost of meat will be in September the many groups in Postville so that version of the story with us. How and October, during the weeks of the all members of the community will can we defend that which we do not Yomim Tovim, when the demand live in harmony. know? How can we challenge that for kosher meat and poultry would But what went through our minds which we cannot defend? In response, increase. a month ago as the idea of a mission Mr. Lubinsky organized a conference And yes, we began to hear rumblings was born? call for Orthodox Jewish leadership from the liberal Jew, Orthodox and The Rubashkin family was being and planned to share with us the otherwise, who began to challenge our vilifi ed in the Jewish and secular Rubashkin story, their response, and traditions of what is kosher and what media. Rumors and accusations their view of things. is not, who began to call for additional were fl ying everywhere. One rumor I knew the conference call was and varied kosher supervision, and was built upon another. People’s coming; I had suggested it. I began who began to challenge the Orthodox creative but perhaps evil minds were to research the issues. I read various Jew - the Torah Jew - in general. fabricating things that, in an objective affi davits and numerous newspaper We had this disturbing information and honest world, would be discarded reports. True, I could not comment in our hand. What would we now do at once and would be thrown out with on all the accusations, but it was with it? How would we - and how the day’s garbage. But we do not live obvious to any thinking person that should we - respond? in such a world. And if the target is a the reports had crossed the lines of As Chazal tell us, “Demus diyukno Jew and a Jewish custom, the media is believability; Agriprocessors was shel aviv nirah lo.” The appearance of

Perfi dy in Iowa Page 19 his father - Yaakov Avinu - appeared and kashrus. True, we cannot defend be a challenge. We knew it would be to Yosef Hatzaddik during his time of what we do not know, but we are impossible for everyone we did invite nisayon. obligated to know. It is incumbent to participate. There were so many I thought hard and long. What upon us to become knowledgeable good people to add to the list; how do would my rabbeim in the fi eld of so we can speak out and so we can we decide? We wanted the Orthodox askanus, Torah activism, tell us to do? defend our traditions and people. We media to join in this mission, as well. What would Rabbi Naftali Neuberger are obligated to discern the truth from We needed a serious group of rabbis zt”l of Yeshivas Ner Yisroel in the untruth, fact from fi ction. Once we and leaders to see for themselves, and Baltimore do in this situation? What do our homework, we can decide how to ask the diffi cult questions. Then would Rabbi Moshe Sherer zt”l of to proceed, how to respond, and what we could and would decide how we Agudas Yisroel do if he were alive plan of action to take. would react. today? What would my father-in-law, The conference call took place. We I thank the 25 leaders and rabbis Rabbi Sidney Greenwald zt”l, a Torah heard from the senior management at who had the courage to join in activist of over 50 years, advise me to the Agriprocessors plant. We heard this mission. There were fl ights, do? from newly hired senior consultants. connecting fl ights, and delayed What would the board at the We heard from individuals more fl ights - going and coming. There National Council of Young Israel knowledgeable of the situation than were long van and bus rides. There say? The board members are good we. was little sleep and there was a very people who give of their time and But still, we were confused. How intense six-hour visit to the city of resources for the greater Jewish could we defend that which we had Postville. The rabbis, lay leaders community - the Young Israel and never seen? How could we challenge and media representatives who came non-Young Israel communities. They without fi rst-hand information? I asked demonstrated true leadership and care are individuals who think of others, that question and I suggested that a for Klal Yisroel. not of themselves. These are my fact-fi nding mission of organizational And we saw - but not what we friends and colleagues, who together and rabbinic leadership visit the plant expected. As the reports indicate, we allow the National Council of Young and community of Postville to see the saw a clean, modern facility. We met Israel to act on behalf of our people. situation ourselves, and to talk to the satisfi ed employees. We heard from We have taken the lead on behalf of people in person. My suggestion was professionals in the fi elds of safety, so many causes in the past that it is accepted and the work began. the environment, worker relations the continuing legacy of the National We needed to pick a date, work out and government compliance. We will Young Israel movement. the logistics of transportation - there never know what took place in the I knew they would all say not to sit is no airport near Postville, Iowa - and plant months ago; we can only testify this one out. They would all tell us plan a serious itinerary. We needed to what we saw and experienced this past to act on behalf of our traditions, to compile an invitation list. We invited Thursday, July 31, 2008, a day that defend the availability of kosher food, over 50 organization and rabbinic will go down in history as a day Jews to do what we can to give strength leaders, knowing that to arrange cared, as a day that the leadership of to a European Jew who has fought such a trip on such short notice, our community took action, as a day so hard for so many years for Torah during the summer vacation, would we can all be proud of.

Page 20 Perfi dy in Iowa August 15, 2008

The AP Story on Child Workers at Agri: The Lies & the Facts

Recently, the Associated Press ran its HR department, and not by any offi cial to perform the tasks of grown men and a story titled “Former child workers notifi cation. women, often with little guidance. describe perilous environment,” alleging AP: The Facts: that underage workers were mistreated at She was 17, and within days she was Strong statement about teenagers that the Agriprocessors plant in Postville, Iowa. on a fast-moving poultry production line, were either never there or shouldn’t have This past week, following the delegation of wielding a long, sharp pair of scissors. been there. 25 community leaders to the Rubashkin/ The Facts: AP: Agriprocessors plant, the Orthodox She was trained and never got hurt. In They said that although their age and media reported what is really going in the fact, Agriprocessors has an extremely good lack of skills were common knowledge largest kosher meat plant in the country, insurance rating because of the paucity of inside the plant, they were subjected to highlighting the fact that the mainstream claims. the same conditions as everyone else and media has capitalized on every opportunity AP: were quickly immersed in an aggressive, to defame the meatpacking plant. Here are “They never told me how to use them,” fast-paced operation. Under Iowa law, segments of the aforementioned AP story, Lopez said in Spanish. “Things moved so no one under the age of 18 can work on a followed by the facts. fast and I was always worried I would cut meatpacking plant fl oor. Former child workers describe perilous myself.” The Facts: environment The Facts: Agriprocessors published “job orders” By Henry C. Jackson Every worker is worried that they might - notices seeking applicants for open Postville, Iowa (AP) cut themselves. It’s simply the nature of the positions - always specify that applicants AP: job, but the bottom line is that they don’t must be at least 18 years old. It has been Luisa Lopez says no one asked about cut themselves. The chickens move at a and always will be their policy never her age when she started working at the safe speed that can easily be handled by the to hire underage workers. Applicants nation’s largest kosher meatpacking plant. line staff. sometimes falsify their ages in order to The Facts: AP: gain employment, which apparently the Every job applicant must fi ll out an Yesenia Cordero, whose round baby people in this story have. application and provide documents, face makes her look even younger than AP: including Photo ID. Ms. Lopez did the her 16 years, also said age was never an Cordero said she quickly grew to loathe same. Those documents were seized by issue at the Agriprocessors plant, which coming to work inside the dank, cold walls ICE in the May 12th raid. As Agriprocessors state offi cials allege employed dozens of the plant. stated in its earlier statement, published of underage workers in an “egregious” The Facts: “job orders” - notices seeking applicants violation of labor laws. Cold, dank walls? Is that what she saw? for open positions - always specify that “I never think about how young I am,” From the various reports out last week, it’s applicants must be at least 18 years old. Cordero said. “I never think I shouldn’t be not what members of the large delegation It has always been Agri’s policy never here. I just think I need to work.” saw the previous Thursday. They saw a to hire underage workers. Applicants The Facts: modern state-of-the-art plant and no dank sometimes falsify their ages in order Desperate for work, she and whoever and cold walls. to gain employment, which Ms. Lopez aided her in forging documents successfully AP: apparently did. In 2007, Agri fi red four did so. But she had no choice. women in the sausage department who AP: “I was providing for my family,” she had falsifi ed their birthdates. Agri had Former underage workers at the said. “It was the only way.” discovered that they were minors by an northeast Iowa plant describe a perilous The Facts: independent investigation conducted by environment where teenagers were asked That’s why she broke the law, falsifi ed

Perfi dy in Iowa Page 21 documents and now claims she was a never hurt himself with the knife.” She said The Facts: victim. She was a victim of her own he never let on if he was scared. But she was content. deception. The Facts: AP: AP: “He never hurt himself with the knife.” She and her partner were working when She and Lopez were among 389 Shows that he was working in safe the plant was raided. They haven’t seen undocumented workers arrested May 12 conditions, even if he was underage. each other since but have talked on the in an immigration raid at the plant that set AP: phone, she said. a record for most arrests in a single-site Agriprocessors has emphatically Luisa Lopez said she hadn’t wanted to enforcement effort. Their cases are being denied state allegations that it knowingly work at the plant, but quit school to do so processed, but they are among those illegal allowed underage workers into its plant. because her family needed the money. She immigrants who have been released for On Wednesday, Menachem Lubinsky, said she never quite grew used to blood and reasons such as caring for relatives. a spokesman for Agriprocessors, said gore she walked past on the fl oor, or to a The Facts: the company has cooperated with state verbally abusive boss she had complained Company records show that Loisa Lopez offi cials and “protests the issuance of about to no avail. was hired on May 19, 2006 and quit August a press release that has patently been The Facts: 16, 2007 and could not possibly have been motivated by a desire to ride the crest of the Who was her abusive boss and who did there at the time of the raid. On April 3, wave of current public opinion adverse to she complain to? There is no record with 2008, the Labor Commissioner conducted a Agri(processors).” Company offi cials have the plant or a government agency of her surprise, on-site inspection of the plant. The said no further comment is forthcoming. complaint. team consisted of fi ve inspectors, of whom The Facts: AP: one was described by the government Agriprocessors never said that it would Luisa Lopez and Cordero both describe offi ce as a professional in identifying not continue to respond to lies, mostly working at the plant as depressing, minors. The team walked throughout put forth by the UFCW and their Church particularly in the summer. Cordero said the facility, viewing the workforce and friends. she would long for outdoor work, like an even questioning certain employees, and AP: agricultural job in Iowa’s vast cornfi elds. identifi ed no minors working at the plant. Cordero said Henry Lopez hadn’t The Facts: To emphasize, the government experts did wanted her to work at the plant, but when Well, unfortunately, it is an indoor job. not fi nd either Lopez who was no longer she became pregnant he agreed that she People in offi ces are also not in the fresh there or Corderro and Henry Lopez, so they could work there after the baby was born. air. No one forced them to take the job. must have done quite a job in concealing The Facts: AP: their identity and age. They were old enough to get married “When you work many hours, many days AP: and raise kids, but not even a question by in the cold and it is warm outside it is very Cordero’s 18-year-old partner, Henry the reporter about being married underage. hard,” she said. “You get so sad and tired.” Lopez, remains in custody. She said he was The forged documents must have worked In Postville, where the May immigration 14 and not even a high school freshman here as well. when he fi rst picked up a long, razor-sharp AP: raid has deeply rattled residents, some knife and went to work on the slaughter Cordero began in February, working in said that new revelations and openness line. the plant’s quality control department. A about the working conditions inside of The Facts: typical work week was six days, with long Agriprocessors were an unexpected benefi t. Once again a lie. Henry Lopez never hours - sometimes more than 12 a day, with The Facts: picked up a knife. He worked in Quality only intermittent overtime pay. The Mayor of Postville and the Pastor of Control and was responsible for data The Facts: the Episcopalian Church have said clearly collection. He could not have been 14, There is no such policy at Agriprocessors. how they feel about the allegations. since he was hired in June 2006 until the She worked the long hours because he AP: raid. He was married and experts from the wanted the overtime pay. There is no “Maybe the closest thing to a good Iowa Department of Labor did not identify documentation to support this claim. that I’ve seen out of this has been that it him or even fi nd him. AP: revealed how badly people were treated at AP: “We were always tired,” she said. Agriprocessors,” said the Rev. Lloyd Paul Cordero said Henry Lopez learned on The Facts: Ouderkirk. the fl y how to manage the dangerous blade That’s what happens when you have to The Facts: and make the series of cuts required on the support a wife and kid and you’re not even The fact that Rev. Ouderkirk continues chickens that came whipping by him. 18. to base his information on hearsay and on The Facts: AP: poor evidence only proves that his agenda The most dangerous tool that he may Cordero cleaned up messes on the fl oor is quite contrary to the Mayor’s and other have handled was a thermometer and a and made sure departments had enough religious leaders. Note that the UFCW clipboard. He was in quality control. ice to cool their products. She did not like is patently motivated to destroy such AP: the work, but she was content, she said, companies as Smithfi eld, Wal Mart, Bashas “He was brave,” she said. “He did his because she was helping to eke out a living and Agriprocessors. Smithfi eld and Bashas work. He never was told what to do, but he for her burgeoning family. are currently suing the Union.

Page 22 Perfi dy in Iowa Op-Ed published in the Forward, August 22, 2008 What We Saw in Postville

Second Opinion

BY RABBI PINCHOS LIPSCHUTZ

In an August 15 editorial the Forward from the checkered one portrayed by the construction of a non-Jewish attempts to apply to the Rubashkin the Forward. Aaron Rubashkin and his community center in Postville. As family the talmudic principle of mu’ad wife are famed for treating everyone the Presbyterian minister told us, — the proclivity of an animal to follow with dignity. They dispensed food and “everyone knows if they have an event previous behavior — claiming that charity to Jew and gentile for more than in the community you call Agri and Agriprocessors has a checkered past four decades. Anyone who grew up they are willing to help.” and therefore cannot be trusted in the in the Boro Park section of Brooklyn But no matter. The past is no future (“Judging Character — And surely remembers the Rubashkins’ indication of the present, and so I and Kashrut”). The editorialist uses the restaurant, which has fed more non- two dozen other rabbis and community argument to discredit the Orthodox paying customers than real patrons. leaders went to see for ourselves. rabbis and community leaders, Postville’s mayor and the local Contrary to media reports, we myself included, who earlier this Presbyterian minister reported that discovered a clean, modern facility. month inspected the Agriprocessors Aaron Rubashkin is still up to his old The factory could not have been slaughterhouse in Postville, Iowa, tricks: He helps with the local food prepared or constructed for our visit; it and deemed its operations to be bank and the families of the workers was there before we arrived, and before satisfactory. who have been detained still live in the media tumult began. We found a The Rubashkins do indeed have a Rubashkin housing, many paying state-of-the-art quality control lab with history of past behavior, but it is far discounted rent. He contributed to experienced American lab techs. The control lab was four years old. We found a remarkably large and clean cafeteria with free bottled water available for the employees. Curious, we inquired of the employees how long they have had the bottled water. The response was that it had been made available since they fi rst started working. We also found happy workers who worked hard but were paid fairly for their efforts. And they welcomed the overtime. “Where else can you get an overtime rate of $15 per hour, starting?” we were told by one of the workers. In the August 15 editorial, the Forward pejoratively references the “three hours” that we spent touring the Postville plant. “Three hours,” the editorialist writes, “could not uncover the extensive, egregious child labor violations. Three hours wouldn’t turn

Perfi dy in Iowa Page 23 up the voluminous evidence of abuse gathered by the Forward in sexual harassment, shorted wages, favoritism and bribery in work assignments, inadequate safety training and horrifi c work accidents.” Since when are allegations and accusations considered voluminous evidence? Let’s get some perspective here. The “three hours” was merely the time that a large number of us actually spent in the plant itself. We also met with the department heads for human resources, safety and compliance, as well as with local leaders — even those historically critical of the plant. We witnessed conditions fi rsthand. We roamed the plant without restrictions. We randomly pulled employees out of the processing lines and interviewed them. Some of the there is a link to the United Food and In the editorial the Forward impugns rabbis spoke Spanish, something the Commercial Worker’s union failed bid our fi ndings, arguing that its body of management could not have expected. in 2005 to unionize the Postville plant? critical reporting on Agriprocessors is We dug, asking probing questions. The The union, after all, has by its own backed up by government investigators. people were real; Hispanic, white and admission embarked upon a full frontal “If the rabbis didn’t want to believe black. campaign against Agriprocessors. us,” the editorialist writes, “they could Yet according to the Forward, Why are there Google ads — paid for have consulted the public record.” the fi ndings from our visit to the by the United Food and Commercial Well, we did. “Source #7,” the Agriprocessors slaughterhouse ought Worker — pointing to negative articles informant planted at Agriprocessors to be questioned. and comments about Agriprocessors by the federal Immigration and Does the Forward believe that those whenever the word “Rubashkin” Customs Enforcement agency, was of us who went to Postville simply is searched for? Why were there repeatedly denied employment at the lied about what we saw? Maybe the ads placed by the union in Jewish slaughterhouse because the forged thinking is that we can’t be trusted newspapers impugning the kashrut of papers the agency created for this because we are Orthodox — never Agriprocessors? Why have there been individual were not accepted. True, computerized phone calls in Yiddish mind, of course, that the Rubashkins there were other sources for the to Hasidic neighborhoods — initiated are Lubavitch Hasidim, while most allegations against Agriprocessors — by the union — impugning the kashrut of the rabbis who recently inspected but accusations are not evidence. And of Rubashkin Kosher Meats? What Agriprocessors are mitnagdim. never mind the ludicrous assertions of sudden expertise has the United Food We did not see any people working there being a “meth lab” and weapons and Commercial Worker union gained there who appeared to be under-aged. manufacturing in the plant. To be sure, we questioned the on-site in the laws of “Shulkhan Arukh,” the Let us not confuse accusations with USDA inspector. “If there were kids repository of the Jewish dietary laws? facts, nor discard the presumption of working here,” the inspector told There are, of course, a number of innocence until proven guilty. Those of us, “don’t you think we would have other companies that have been on us who made the journey to Postville noticed? It’s ridiculous.” the receiving end of the United Food Did Agriprocessors ever employ and Commercial Worker’s campaign. may have not been to the plant before minors? Federal records say yes. Smithfi eld Foods has initiated a lawsuit and cannot vouch for what took place But can the company’s human against them for racketeering, claiming in the past, but on our recent visit resources department be faulted for that the union used religious groups to there we most certainly saw strong being duped by false identifi cations? accuse the company of being racist. management procedures in place On our visit we discovered that Basha’s Supermarket in Arizona, and owners in full cooperation with Agriprocessors has instituted the which resisted the union organizing, authorities and in compliance with the federal E-Verifi cation system in order has claimed in court they were the law. to insure that false IDs will no longer subject of “defamation, extortion and Rabbi Pinchos Lipschutz is editor be accepted for employment. trespass.” Shouldn’t all of this have and publisher of Yated Neeman, the What, then, has thrust Agriprocessors made the Forward just a bit suspicious leading national Orthodox Jewish into the news? Is it not possible that of the union and its claims? newspaper.

Page 24 Perfi dy in Iowa September 12, 2008 In Every Generation

BY RABBI PINCHOS LIPSCHUTZ

In this week’s parsha, we learn the powerful manifestation of Amaleik that, hate-driven people who then peddle their positive commandment to constantly in previous times, decimated the Jewish wild allegations to mainstream media remember what Amaleik did to us when we people. But we have suffered acutely outlets which, in turn, publish them in left Mitzrayim. “Asher karchah baderech” in other ways at the hands of this evil their papers as authenticated facts. is commonly explained to mean that nemesis. We have been humiliated and Last week, the nation’s “newspaper of Ameleik, by fl aunting their contempt for vilifi ed in the court of public opinion. record” ran a story headlined, “Kosher the Jewish people, dispelled the “shock A cursory reading of the current events Plant Accused of Inhumane Slaughter.” and awe” that suffused the world when in today’s newspapers will give ample Who accused them? Read on and fi nd details of the miraculous redemption of evidence of the damage done by the out that it was none other than PETA, the the Jews reached the surrounding nations. Amaleiks of our time. group of misfi ts who parade around the Amaleik watered down that reaction Consider how the media has taken world ludicrously arguing that man is no by brazenly attacking the weary Jews, on the cause of the unions in their battle different than animal and, therefore, both showing the nations of the world that there against the Rubashkins of Agriprocessors species are entitled to the same rights. was no need to fear people who had so in Postville, Iowa. It is only when you get to the fi fth recently been a slave population. For all Anyone who takes the trouble to visit paragraph that you fi nd out that the time, the Torah exhorts us, we are to keep the far-off plant, tour it and interview its accusation is bogus. The plant, in fact, was alive the memory of the evil Amaleikim employees will fi nd a state-of-the art, found by the Department of Agriculture who, out of sheer wickedness, set out to modern, safe, clean facility we should all (USDA) to be “in full compliance with destroy a fl edging nation who had never be proud of. humane slaughter regulations.” done them any harm. In so doing, they This week, charges were brought The sensational headline was intended encouraged other nations to treat the Jews against the company for allegedly hiring not to inform, but to aid and abet the with enmity and belligerence. under-age workers. Let us not be hasty to smear campaign against kosher slaughter. Since our earliest encounter with the rush to judgment. Wait until the accused Decency and integrity would have degenerate Amaleikim, they and their have a chance to defend themselves in a dictated that the story be dropped. Or, had descendants throughout the ages have court of law. All the other charges bandied the editors felt that there was a great need sought to instigate crisis and disaster about in the media are mere allegations for the public to know of the allegations for the Jewish people. Whether through based on hearsay and don’t deserve to be against an already beleaguered kosher actual warmongering or outrageous treated as fact. plant, they should have at least formatted scandals, they have tried to undermine That hasn’t stopped the leading media the story in a way that would leave no the Jewish nation and to poison our in this country from forming a fi gurative doubt that the USDA gave the plant a image in the eyes of the world. In every lynch mob and going after Agriprocessors clean bill of health despite the charges of generation, malicious individuals with the with the obvious intent of destroying the a radical left-wing vegetarian group. defi ning streak of cruelty that exemplifi es company. They slam it with all kinds of But if you are doing the work of the the murderous Amaleik have exacted a false allegations, as if it were a cattle- and enemies of the Jewish people, why worry tremendous human toll from our people. man-killing jungle of the early 1900s. over a lapse of journalistic integrity? Amaleik sometimes manifests a Jekyll Blatant lies are passed around as truths Amaleik appears in so many different and Hyde syndrome whereby he appears often enough that even many of our own guises. When a Jewish university to want to co-exist benignly with us, but people believe them. Amaleik perceives maintains on its payroll a person who behind the scenes works devilishly to that he can’t destroy us, so he slanders openly lives an immoral lifestyle and the wreak havoc by portraying us as devious us instead, telling the world that we don’t institution’s president tells the New York bloodsuckers who take advantage of the know how to treat animals or people. Post that he is “proud of my university and weak in our zeal to amass fantastic wealth He says that we are mean, vicious and all my faculty,” is that not an expression and rule the world. heartless, and he gets all the papers to of “asher karchah”? Such a person is Thankfully, in our generation, we have print this rubbish. conferring legitimacy on behavior the been spared the most venomous and He plants perverse ideas in the minds of Torah considers abhorrent.

Perfi dy in Iowa Page 25 When its rabbinic faculty sits on the article about the 300-student educational Kaplan’s idea [was] that Judaism is an sidelines and does not act vociferously institution, tries to cast the yeshiva as ‘evolving religious civilization.’ Reform and publicly to project and protect Torah a bunch of weirdoes running a decrepit Judaism adopted Kaplan’s saying that values, are they not reinforcing the moral school, it does quote Waterbury’s mayor halacha should have ‘a vote but not a decline which is eating away at the fabric as saying that, “We feel comfortable veto.’” of the Am Kadosh? that the yeshiva has held their end of the Isaac Mayer Wise. “Put Reform Lately, Amaleik has worn another mask bargain.” Judaism on the map in the United States. - that of a Jewish reporter and a Jewish And so it goes in the world of the He was one of the earliest American rabbis news service that continuously distribute objective media. to push for family pews in the synagogue, libelous reports about Agriprocessors, The same unions which turned countless a mixed choir, and counting women in displaying no sensitivity for the truth. American factory communities into ghost the minyan. He wrote a new prayer book Jewish news groups routinely dispatch towns now seek to do to shechitah what entitled Minhag America, with the goal of articles disparaging religious Jews and they did to the auto manufacturers and uniting all American congregations.” halacha, and no one calls them on it. knitting mills that used to dot this country. So there you have it. What is the purpose Some have questioned why I have On Labor Day, the New York Times of such articles if not to enshrine those taken such a strong stand on behalf of published a long article on the latest major who severed their connection with Torah- the Rubashkins. I believe that the proper union battle taking place in New York City. true Judaism in the rush to the melting course of action is to defend ehrliche It pertained to no more than 20 workers pot? By implication, the article denigrates Yidden who have been wrongfully for a certain company in Brooklyn. Guess the accomplishments of Jews who have accused and maligned. But more than that, which company that was? Agriprocessors. remained loyal to their traditions and it is my perception that the Amaleikim That is the level to which they stoop to built communities and infrastructure to hounding them are targeting not only the vilify religious Jews and our way of life. maintain authentic Jewish life in the face Rubashkins. They are targeting you and Examples abound of the attempts of so many obstacles and roadblocks. me and our ability to eat kosher meat in to minimize our accomplishments and Mainstream media ignores us as if we this country. cause our neighbors and those less don’t exist until they fi nd an opportunity Equal opportunity destroyers, they fear observant to scorn us and to deride our to mock us. they are running out of material with which accomplishments in this country. But we need not grow despondent. We to bash the Lubavitcher Rubashkins, and I received an op-ed called “The Three need to remember the root of it all and

We have to defend ehrliche yidden who have been maligned are therefore taking aim at the Satmar Alle Most Important American Jews.” It piqued why it is happening. We need to recognize Packing Company. my interest. I thought that if it was sent to the insidious wiles of Amaleik and know And they don’t just write against the Yated, perhaps it contained a message that Hashem will rescue us from them if shechitah. They have other pet topics as for me. The author was kind enough to we remain loyal to his commandments. well. Take yeshivos, for example. They write that the article appeared in last We need to greet everyone who we meet never tire of proclaiming that our yeshivos Thursday’s Jerusalem Post, but he was with kindness and civility. We must display are dirty, sloppy and intellectually- making it available to other newspapers. proper patriotic symbols and behave lacking, and foster no interest in history, To commemorate the 354th anniversary honestly in all our fi nancial interactions. community or architecture. of the arrival of the fi rst boatload of Jews That way, when our neighbors read A recent article against the Waterbury to America, the author “surveyed several scandalous charges about us in their local Yeshiva in the local Connecticut dozen leading American Jewish historians papers and hear ludicrous allegations on paper reports: “Leaders of the Hillside about who they think would qualify as the the local news, they will know that these Neighborhood Association say the sect three most important fi gures in American charges that tar all Jews with the same has failed to bring enough Jewish families Jewish history.” brush are far from the truth. They will say, into the neighborhood, has allowed its Your answer would likely include Rav “Well, I have a religious Jewish friend and properties to deteriorate and has failed to Aharon Kotler zt”l, the Satmar Rebbe he’s dignifi ed, upstanding, scrupulous and maintain the once-grand Benedict-Miller zt”l, Rav Shraga Feivel Mendlowitz zt”l, cordial. These accusations can’t be true.” house…Empty buildings owned by the or some other men of similar caliber. This is why the pesukim are there in yeshiva pepper the neighborhood. Several According to this survey, however, you the Torah for all time. For even when are falling into disrepair.” would be wrong. we are not able to identify precisely who According to the article, religious The winners are: Amaleik is, we are to be on the lookout Jews are “a sect,” an offshoot branch of Louis Brandeis. “He was the fi rst Jew for those who follow in his ways, seeking Judaism marked by a goofy and unkempt appointed to the Supreme Court, the to badmouth and undermine us. We are to appearance. Yet with all this, they still personifi cation of the American-Jewish remain undaunted and counter their base complain that there aren’t enough of synthesis.” tactics with dignity and refi ned conduct us in their midst! Though the paper, the Mordecai Kaplan. “The key fi gure befi tting bnei Avrohom, Yitzchok and Republican American, in its September 7th in the Americanization of Judaism. Yaakov.

Page 26 Perfi dy in Iowa September 29, 2008

Interview with Rabbi Menachem Genack Chief Executive Offi cer and Rabbinic Administrator, OU Kosher

CONDUCTED BY RABBI YITZCHOK HISIGER

Q: Agriprocessors, in Postville, Iowa, reporting to Mr. Feldman, who will work, The second thing we requested was recently hired a new Chief Executive together with the compliance offi cer, to that they appoint a new CEO, to manage Offi cer. What are your thoughts about ensure full compliance with the law and the plant and put in place a management the appointment and what challenges will hopefully rebuild the level of production team. The Rubashkins have been besieged the new CEO face as the company moves both in terms of the supply of kosher meat from all sides. Some of the allegations forward? as well as from a fi nancial standpoint. are wrong, many are certainly not valid, A: The company appointed Mr. Bernard Obviously, the quicker all this can be but they were being paralyzed by all Feldman, a well-known attorney from accomplished the better. We’ve already these things swirling around them and New York, to serve as the new CEO. I met begun seeing shortages of meat, especially they didn’t have the capacity to move with him for several hours together with with Yom Tov coming up, so the quicker the company forward. They desperately the chairman of the Kashrus Commission they can raise the level of production the needed someone to come in and present a before they announced the appointment. better. new face to talk to the world, to deal with We were impressed with him. He has We are very happy that the company has the public, to put procedures in place, and the skills set they need, even though his come to this resolution and we hope Mr. move forward past these allegations. history has not necessarily been in the meat Feldman will be successful in his new role. Since then, the OU spoke to the owners business. He’s been an attorney in New Q: To provide some background into regularly to retain a new management York for many years and his expertise has this recent appointment: Reports earlier team. We told them then that if criminal been in turning companies around. He has this month stated that the Orthodox Union charges, state or federal - and the federal done workouts for over 100 companies, had said it would consider withdrawing investigation is still in progress - are fi led, taking institutions in distress and putting its kashrus certifi cation of Agriprocessors we have to have a position in terms of them back on track. unless new management was hired, after kashrus generally, for the well-being of He will face several challenges, but has Iowa’s attorney general fi led criminal kashrus - not just the OU - that we are in indicated that he is going to be independent charges against Agriprocessors for control of the situation and that we can in terms of making decisions. He is going knowingly employing underage workers. move forward. to look to bring in his own managerial A: This story was not just a local story Our goal in this was not, by any means, staff, a new CFO and other positions. His related to one plant. It became a national to close down Agri. Our goal has been to immediate challenge is to bring production story. It was on the front page of the New make sure that people have a favorable up, to create a stable workforce, and to be York Times, Barack Obama spoke about view of what’s happening there and the spokesman of the company in terms of it. After the federal raid in May, the OU schechitah in general. In addition, our goal the media and other matters such as labor had two requests of the Rubashkins who very much is to help move from the status issues. Based on his background, I think he own the Agriprocessors plant. One was to quo - where the company is now - to a new has the skills that are required. He is also put in place a new compliance offi cer to reality, which can only be helpful to them. going to consider fi nding a partner to help make sure that the company is running in Hopefully, Mr. Feldman will do exactly rebuild the company fi nancially. consonance with all state and federal laws that. Everyone at the company will now be and regulations. They appointed James As an aside, there is no question that the Martin, a former Senior Federal U.S. government’s initial action in terms of the Attorney, to serve as Chief Compliance raid in May was completely unprecedented. Offi cer and oversee all of these issues. The government - and this was reported in In addition, they hired a former OSHA the New York Times, so it is not a chiddush The government action (Occupa-tional Safety & Health Adminis- - had never before taken illegal workers tration) representative. In our opinion, themselves and put them in jail; they was unprecedented these were both very good appointments, usually just deported them. What they did on a public relations basis, and, more this time was put them all in jail for fi ve importantly, in terms of making sure that months. This, in itself, was terrible. They the plant is indeed in compliance. denied these people due process, as many

Perfi dy in Iowa Page 27 of them didn’t understand English well and been inundated with emails of the distress Q: What do you feel about the Hekhsher didn’t understand the court procedures. that they have with the disarray and the Tzedek program started by a group of The government put on pressure and charges in relation to Agri. Conservative rabbis aiming to monitor and raised the ante in an unprecedented way Q: Why did this happen to Agri and certify working conditions in kosher food on the owners as well. Two weeks ago, not to any other company? Why are they production? they arrested two HR (Human Resources) focused on Agri? There has been a lot of discussion about employees at Agri as the US Attorney tries A: I believe there are two reasons. One this. We don’t agree with the Heksher to build a case. is because Agri was in the crosshairs after Tzedek for the following reason which has I am quite confi dent that the new CEO, the story with PETA four years ago and been our stated position. Parenthetically, who is mutually agreeable to everybody, also because of the UFCW’s attempts to we don’t want the Orthodox position to be can help them through what is obviously unionize the plant. perceived as insensitive to ethical issues, a very diffi cult period, not only for What we said in the newspapers is animal welfare, tzaar baalei chaim, etc., this company, but for the perception of not that we insist that Agri unionize; we because all of these issues, which we kashrus in general. The OU’s intention is have no position on the matter. What we should be proud of, are rooted in the Torah. only to preserve the prestige of kashrus suggested was a dialogue. The company The principle of halon es sechar sochir was and the dignity of the company. Moving has to determine on its own whether or just in the parshas hashovuah the week forward, we fully believe that this can be not it wants to unionize, and what the before last. Tzaar baalei chaim is a Jewish accomplished. advantages to doing so might be. principle. However, we don’t believe Many of the charges written in the Everything that we’ve done, in terms that it is the responsibility of the OU or papers - especially the more lurid ones - of the OU, is meant to mitigate chillul any kashrus agency to be the arbiters of are almost certainly untrue. There is no Hashem, but in the end to make this a those issues, because they are all covered meth factory in the middle of the plant. stronger, better company that people can by different federal and state laws and We don’t believe that there was any rabbi respect and have confi dence in. regulations. State and Federal agencies involved in abusing a worker - someone Our goal is only to make Agri stronger. - the USDA, OSHA, FDA, and the EPA, charged that a worker’s eyes were duct- The Rubashkins, fundamentally, are good which handles environmental issues - have taped - as there are no medical records people. They are known to be baalei the authority and expertise to handle these of any of that. Many of these charges are chessed. They genuinely care about issues. We don’t. The Heksher Tzedek completely untrue. kashrus. They sell to communities where notion sets what will ultimately be very The fundamental issue is whether Agri they are the only kosher supplier, and they arbitrary and amorphous rules about what was complicit in hiring illegal workers. do this often where there is no profi t, and is considered appropriate standards. We should understand that this issue has often even at a loss, just to ensure that One of their standards is that the a national context. They are focusing only kosher meat is available in those areas. We companies should pay their workers above on this company, and of course we can’t want to maintain that and we want to help median or average wage of that given ignore that, but the issue of illegal workers them. industry. Does this mean that any company is not an Agri story, it’s a national story. The actions the OU took prior to the that is paying their employees less than The United States currently doesn’t have recent appointment, though painful, were that is unethical? Does that mean that if a clear national policy vis-à-vis illegal absolutely essential. They were really a company has to pay above the median workers, and there are 13-1/2 million illegal based on a public position taken by the wage that half the companies of the immigrants in the country. Many of these OU for over a fi ve-month period that United States - the half under the average companies - meat companies and others simply could not be ignored or else people - are automatically unethical? That simply - have illegal workers and some of the wouldn’t take us seriously and because we defi es logic. We will not put in place such companies don’t even know about it. Two were concerned about the chillul Hashem standards. years ago, the world’s second-largest meat that’s out there. We supervise plants throughout the processing company, Swift & Company, Q: There reports were that you are globe. We rely on the local - state or federal was raided by the federal government and negotiating to bring unions into the plant? - authorities to manage these issues. We they closed down six of their plants because Do you feel that unions will rectify the don’t have the ability or the expertise to of the many illegal workers there. So this situation? do it. Our focus is on what we know - the is in no way unique to Agri and people are A: I think some people have Shulchan Aruch, the halachos of kashrus. unfortunately viewing it as such. During misunderstood our position. To make Q: Is it the responsibility of a kashrus the Swift raid, the government didn’t take it clear, we don’t think that OU plants group to worry about a company’s legal any action against the workers, except necessarily have to be unionized. We don’t affairs? Why should you be different than, for deporting them, and took no action have a position about that. After all, only say, the USDA which also certifi es plants against the company management. Agri one-third of meat plants in the United but doesn’t get involved with other issues? has been caught in the vortex of a sudden States are unionized. The ultimate decision A: That is not correct. Actually, the change in federal immigration policy and lies with the company and its labor force to USDA does get involved in other issues. In enforcement. make this determination. fact, part of the defense of the Rubashkins We have to respond to these problems, however, because for us, at least for the OU, our constituency is not just frum families living within frum communities. We want to make sure that people have Our position has been misunderstood a good perception of kashrus. There is a movement, which is a positive but still in an early stage, of non-Orthodox Jews coming back to kashrus and the OU has

Page 28 Perfi dy in Iowa is that this plant has 20 USDA inspectors. grown, and we have to protect it because it They are the agents of the federal can just as easily collapse. government. This is also part of the cheshbon with People ask, how come your mashgichim the Agri story. We have to be careful for didn’t notice these violations? Well, the lots of reasons what the perception of USDA inspectors didn’t notice some of We take kashrus for granted Orthodox Jews is. these things either. So either these things We grew up with kashrus supervision, never happened or they aren’t so easily which is why many take it for granted. perceptible. The beginning of kashrus supervision If a person is an illegal alien, for began back in 1925, when the fi rst OU example, what they do is come with relationships. The new CEO will hopefully supervision took place. Rabbi Alexander false documentation and they present be on top of all these issues. Rosenberg became the administrator of the it to the company. I am almost certain As we stated, our goal is to have the OU in 1950, I believe, and he really built that this is what happened in terms of plant running properly and be able to it up with Rav Leizer Silver and others to the government’s claim that there were respond to the whirlwind around them. get basic ingredients under supervision, so children under 18 working in the Agri Q: In general, are you proud of the state that they could build a chain further. It just plant. I am certain that the Rubashkins of kashrus today in America? What are you kept on growing. didn’t know about it, as these workers most proud of in the OU? We are in places where some years come with false documentation, and it is A: There are always things that we can ago it would have been unimaginable for not only their name that is false, but their do better, but we should understand that OU Kosher to operate: China, Turkey - a ages as well. So how would they know the kashrus system that has been created Moslem country – and even Tibet! Our what the ages of these employees are? in the United States - and obviously the Rabbinic Field Representatives roam Nevertheless, we have a responsibility OU has played a major role, but it is not the world for OU Kosher. Our rabbinic to our community to make sure that people exclusively the OU - is something really coordinators, here in New York, are in view us - not the OU, but the Orthodox remarkable. The idea behind the OU kind constant contact with them, going over Jewish community - as the caring, of system, and the other supervisions not only business details but halacha responsible people we in fact are. So it is which follow, is that people can keep as well. We have Rav Belsky and Rav not something that we can simply ignore kosher and get products any place in the Schachter as our poskim. We work and say that it is unimportant, when it is United States with no additional cost. The closely with the Rabbinical Council of a major national issue that we’ve been only area where there are additional costs America and their Kashrut Commission struggling with for a very long time. We are basically cheeses and meats. You can who oversee the halachic standards of can’t just deal with the world as we’d like go to any supermarket and you’ll see so the kashrus division. We are deeply it to be. We have to deal with the situation many different hechsheirim on hundreds involved in kashrus education on many as it is. of thousands of products, which it makes levels, from very young school children to Allow me to add that shechitah is under it much easier to be a Jew in the United distinguished rabbonim and rabbeim who attack around the globe, in other areas as States. want to strengthen their kashrus skills. In well. There are very few slaughterhouses Rav Yacov Lipschutz once related to August, our ASKOU program provided that are available. One of the tremendous me something that I think is a wonderful hands-on kashrus training to dozens of assets that we have is Dr. Temple Grandin, quote. He said that Rav Soloveitchik once rabbis and advanced students. Last week, Ph.D., Professor of Animal Science at told him that when you see the OU symbol it gave a live kashering demonstration to Colorado State University and one of on a product, it speaks to the vitality of the a very enthusiastic group from the Satmar the most accomplished and well-known American Jewish population. Yoreh Deah Kollel in Monroe, NY, as part adults with autism in the world. She is That having been said, it is a very fragile of our ASKOUtreach program. That’s an known worldwide for her work on the system, and one that we can only have in incredible development!” design of livestock handling facilities. In America. And it should be understood that the North America, almost half of the cattle Lord Immanuel Jacobowitz, former OU is not just kashrus, but indeed, OU are handled in a center track restrainer Chief Rabbi of Great Britain, once asked Kashrus helps fund NCSY, which is, system that she designed for meat plants. me how to create such a system in Great with the exception of Chabad, by far the She was a friend of Agriprocessors and Britain. I told him that he won’t be able to largest kiruv organization in the world; we brought her down to the plant. She do so for two reasons. First of all, there is an Yachad, which gives a Jewish experience came and gave advice to the plant, which entire overlay of anti-Semitism in Europe. to developmentally disabled Jews from all quieted down the PETA attack at the time. Secondly, there isn’t a large enough over the spectrum, from chareidi to non- Later, the company didn’t maintain that market there that makes it worthwhile for observant; and the Job Board program, relationship or maintain her standards and companies to do it. which has found employment for hundreds, she criticized the plant. That’s unfortunate, The perception that companies have many of them long-term unemployed. for she was not only an ally for us in terms of ‘kosher’ is critical to their willingness That’s just a few of the programs OU of the shechitah there, but an ally for us to buy into it. It is very fragile, as I said, Kashrus makes possible. in terms of shechitah in general, because because why should every major company So there is much going on in the kashrus she said that she thought that shechitah, have a hashgacha? Part of it is very world - and at OU Kosher. We want to be when properly done, is a humane fashion leveraged. They want to sell to pockets devoting our full attention to our basic of slaughter. This is a woman who has the of Jewish populations that care about mission - to bring the highest level of most credibility in this area. It is regarding kashrus, like New York, Chicago, Florida, kashrus to the Jewish people all over the these kinds of things that we have to make parts of California, and so on. But we have world. sure that the situation doesn’t atrophy and to always recognize that it is a little bit of Kesivah vachasimah tovah to all your that we are on top of it and maintain these a mofeis, a miracle, that this system has readers and all of Klal Yisroel.

Perfi dy in Iowa Page 29 January 2, 2009 Equal Protection Under the Law

BY RASHI RAICES

American Jews beware. If you run United States. According to Deegan, It would be diffi cult for Mr. afoul of the Justice Department, your Jews pose a fl ight risk. Rubashkin to go anywhere, as he and chances for bail are slim to none. It wasn’t so long ago that the his wife surrendered their passports to That’s the new legal concept created American legal system singled out the court some time ago. Still, the US by the offi ce of US Attorney Matt Japanese Americans for special Attorney claims that Mr. Rubashkin is Dummermuth in Northern Iowa. treatment under the law. During World a fl ight risk. His evidence? He found Their policy singles out Jews as a War II, the Supreme Court authorized a bag in Mr. Rubashkin’s bedroom special category to be denied bail the imprisonment of American citizens with his children’s passports and some due to Israel’s Law of Return. The based on their Japanese heritage. This cash. The Rubashkins have an autistic Israeli law provides citizenship to any ruling has become one the blackest child who opens drawers and closets Jew immigrating to the country. It’s moments of American jurisprudence. indiscriminately. I know this kid; he much like the asylum clause in US The issues between the US Attorney gets into everything. They placed these immigration law, designed to offer and Shalom Rubashkin have been documents in a secure place, away refuge to Jews fl eeing oppressive brewing for a long time. This is his from his reach. Does Deegan think that regimes. It’s never been used to give second arrest and indictment. If he Mr. Rubashkin could have traveled haven to American criminals. The US wanted to run, he would have done it to Israel, the country with the tightest and Israel have an active extradition already. Mr. Rubashkin’s second arrest airline security in the world, on the treaty. Routinely, accused criminals are took place on a Friday so that the US passport of a ten-year-old? sent from one country to another. The Attorney could ensure that he would be Deegan didn’t fi nd a ticket to Israel, judicial systems have been cooperating forced to be in prison on Shabbos. He nor did any travel agents testify that for years. was already wearing an ankle bracelet Mr. Rubashkin ordered or inquired We have yet to see if this policy of from the fi rst arrest, and Deegan about a ticket. Nor did he discover singling out Jews will only apply in this knew where he was. He could have any evidence that Mr. Rubashkin even part of Iowa or if it will serve as new allowed Mr. Rubashkin to surrender, made a Google search for tickets. legal precedent across the country. This as is common in such cases. Instead, innovative legal theory was constructed he chose “shock and awe,” rolling into The fear of fl eeing to Israel is a theory by Peter Deegan, prosecutor for the US Postville on Friday when he knew he that the US Attorney created, a new attorney’s offi ce, in order to prevent bail would be able to hold Mr. Rubashkin risk, not based on any legal precedent for Shalom Rubashkin. He is accused over the weekend. or evidence from the investigation. of a non-violent fi nancial crime related The people of Postville know Mr. So all American Jews, religious Jews to the meat plant in Postville, Iowa. The Rubashkin very well. It’s clear to us in particular, be careful. If you keep US Attorney argued in front of Federal that he has no intention of evading your children’s passports tucked away Magistrate Jon Stuart Scoles that prosecution. He wants his day in court in your bedroom with a few dollars, Israel’s Law of Return could provide so that he can defend his reputation. you will be denied bail. a safe haven to Shalom Rubashkin and He feels maligned, singled out for As a kid, I studied the Constitution therefore bail was denied, as the judge prosecution. What other case of illegal and the Bill of Rights. It promised equal wrote in his ruling. workers has prompted such aggressive protection under the law. How can we French can run to France, Mexicans prosecution? be sure of this in America today, and to Mexico. If you have a Russian That’s why over thirty of us, myself particularly in our great state of Iowa? heritage, there is little fear that you included, pledged our homes as bail for • • • • • may return to your ancestral homeland. Shalom Rubashkin. We know him best Rashi Raices is a principal of an Jews, in the eyes of the US Attorney, and we are willing to put our families’ elementary school in Postville, Iowa. are a special category of law when it security on the line for him. We, his She has lived in Iowa for over 13 years comes to bail. They are to be treated friends and neighbors, know that he is and Postville is her home. Her email different than all other citizens of the not planning on running anywhere. address is [email protected].

Page 30 Perfi dy in Iowa January 16, 2009 Prominent Rabbonim Visit Reb Shalom Mordechai Rubashkin

Representatives of Major Rabbinic Organizations Protest Incarceration Without Bail

BY YISROEL LICHTER

The scene was surreal. Reb Shalom was slated to attend but was unable to At the same time, we are here to visit Rubashkin standing in jail in bright do so at the last moment. Mr. Rubashkin and hopefully give him orange prison sweats with the words In conversations with the Yated, strength to get through this diffi cult “Dubuque County Jail” emblazoned Rabbi Zwiebel, Rabbi Lerner and Rabbi ordeal. This continued incarceration, across the back, incongruously wearing Hecht all expressed the profound feeling while he awaits his day in court, is a borrowed black hat and gartel as he of chizuk that they felt Reb Shalom had diffi cult for him and his family,” said said the words of chazoras hashatz. received from the visit. Most amazing Rabbi Lerner. It was the fi rst time that he was zoche was that they all expressed a feeling of The delegation headed out of New to daven with a minyan since his chizuk that they themselves got from York early Monday morning, changed incarceration on November 14. Reb undertaking the trip, speaking with planes in Chicago and fi nally arrived in Shalom, who in an unprecedented and Mr. Rubashkin and davening with snowy, freezing Dubuque, Iowa, where troubling ruling was denied bail by the him. “This was the primary purpose they were joined by some local rabbis. magistrate, davened with great feeling, for which we undertook the trip,” said Although each rabbi was originally to as the words emotionally poured Rabbi Lerner. “To give chizuk to Reb be allotted a fi fteen-minute slot to visit from his mouth. “Go’el Yisroel - Who Shalom.” privately with Reb Shalom, in the end redeems Israel. Ki lishuascha kivinu The second purpose of the trip was the prison authorities permitted all of kol hayom - for Your salvation we hope to express concern over the reason for the rabbis to visit together and they were everyday…” which the magistrate refused bail for thus able to daven Minchah together. Indeed, the scene may have been Mr. Rubashkin. Mr. Rubashkin is being “It was clear,” said Rabbi Hecht, surreal, but the circumstances of forced to sit in prison because he has “that Reb Shalom derived tremendous Reb Shalom Mordechai Rubashkin’s been deemed a “fl ight risk” as a result chizuk from the visit. Nevertheless, Reb imprisonment are certainly not. They of the Israeli “Law of Return” that Shalom told me and the other rabbonim are downright troubling. grants automatic citizenship to Jews. that although he now seems upbeat, On Monday, January 12, a This represents a precedent that could there are times when it is extremely remarkable gathering took place at the conceivably be used in the future to diffi cult. Being separated from his Dubuque County Jail. Rabbinic leaders deny bail to any Jew. family, his children and especially representing a broad range of the cross- The third purpose of the trip was his autistic child, with whom he has a section of American Jewry came to the to express their collective feeling that special relationship, is very hard.” Dubuque Iowa Jail where they met with Shalom Rubashkin does not represent “In fact, Reb Shalom is not even Shalom for about one and a half hours, a fl ight risk, and declare their trust in allowed to meet with his younger after which they held a press conference Mr. Rubashkin by publicly putting the children. Even the periodic meetings outside of the jail. reputation and credibility of each of with his wife are by video conference,” The group of leaders included Rabbi their organizations on the line. “Shalom explained Rabbi Hecht. “The only Jews Chaim Dovid Zwiebel, Agudath Israel is well aware of how many people have with access to him are clergy. Yes, his of America; Rabbi Pesach Lerner, advocated on his behalf, and a betrayal religious needs, seforim and kosher food National Council of Young Israel; Rabbi of their confi dence would cause are provided for, but Shalom Rubashkin Yaakov Wasser, Rabbinical Council of irrevocable damage to himself, his belongs at home with his family until he America; Rabbi Moshe Elefant, Union family, his community, and the many has his day in court.” of Orthodox Jewish Congregations of honorable individuals who have shown Rabbi Zwiebel related that davening America; Rabbi Shimon Hecht, National their support for him,” said Rabbi Minchah in the jail was something Committee for Furtherance of Jewish Yaakov Wasser. that he was sure none of the rabbonim Education; and Rabbi Yossi Jacobson, “We are just seeking fair and equal will ever forget. “It was an extremely Chabad Lubavitch International. Rabbi treatment, from the justice system, moving experience; an experience Gershon Tannenbaum, Rabbinical for Mr. Rubashkin, no more and no that simply can’t be put into words… Alliance of America/Igud Horabbonim, less than anyone who applies for bail. seeing Reb Shalom, nobly serving as

Perfi dy in Iowa Page 31 chazzan in orange prison clothing… continues to insist that he be confi ned is ironic that the very law of return experiencing the heartfelt tefi llos of all to prison. that was designed to save Jews from who were present…” The rabbis explained that the oppression was now being used by the Indeed, at the press conference imprisonment is unnecessary, excessive American government to treat Jews as following the visit, the rabbis declared and discriminatory against all Jewish second class citizens by deeming them “that not only is Shalom Rubashkin not Americans. They were highly critical as fl ight risks. The implications of this a fl ight risk, but he wants the opportunity of the U.S. Attorney’s offi ce, which ruling are painfully ironic. The State to face his accusers. He wants his day in has taken the extraordinary step of of Israel, shortly after its founding, court to prove his innocence in face of classifying Mr. Rubashkin as a fl ight enacted the Law of Return to assure the serious charges leveled against him. risk because of his Jewish heritage, Jews in countries where they are treated The rabbis also argued “that not only arguing that the “Law of Return” as second-class citizens that they had a would Rubashkin dishonor himself would enable him to fl ee to Israel. home in the Jewish State. Now, under by fl eeing, he would dishonor all of During the press conference, Shalom the logic of Magistrate ruling - and the the rabbis and organizations who have Rubashkin’s attorney, Guy Cook, said federal prosecutors who advanced the supported him.” that “According to the way the Law argument - the very fact that the Law Since his detention, they said, dozens of Return has been applied to Mr. of Return exists is basis for treating an of Jewish Iowans have offered their Rubashkin, Attorney General Michael American Jewish defendant as a second- homes as collateral for bail, totaling Mukassey or Secretary of Homeland class citizen, keeping him confi ned in $2 million, as has a Brooklyn man Security Michael Chertoff pretrial detention under circumstances whose home is valued at $4 would present the same fl ight where non-Jews might well be released million. The court has also risk if indicted for a crime.” pending trial. The implications of received nearly 300 letters Indeed, in a letter this ruling are also breathtakingly testifying to Shalom’s to Attorney General staggering. The notion that Israel’s Law character. Nevertheless, Michael Mukkasey, of Return makes Jewish defendants the government Rabbi Zwiebel greater fl ight risks than their non-Jewish wrote: counterparts could result in wholesale “It denials of bail to Jewish defendants who would otherwise be eligible for release pending trial merely on the basis of their religious identity. Needless to say, this ruling is both deeply offensive and extremely troubling.” The Orthodox Union’s President, Steve Savitsky, also penned a letter to the Attorney General expressing his concern over the troubling use of the law of return as reason to deny bail. On the way home, the delegation ran into a snowstorm that severely delayed them. At one point it looked as if they would have to spend the night in Chicago. Rabbi Hecht related: “I and the other rabbonim were not very pleased about the prospect of having to spend a night away from our homes and our families. Then, I thought to myself, maybe Hashem is sending us a message. We were disappointed about having to spend one unexpected night away from our own beloved mishpochos. Imagine how Reb Shalom feels - being held, all alone in the Dubuque prison, without bail, for dubious reasons. This is a lesson from Above to all of us, to think about Reb Shalom’s predicament, to gain a sense of imo anochi b’tzarah - I am with him in his time of diffi culty - and do all that we can to obtain his release. We must daven and daven. We must petition the proper authorities to release Reb Shalom Mordechai Rubashkin from prison and permit him, as an American citizen, to have his day in court to prove his innocence.”

Page 32 Perfi dy in Iowa January 16, 2009 What a World We Would Have

BY LEAH LEDERMAN

As a member of Postville’s Jewish for a villain by portraying Shalom “fi lthy lucre.” It might not be that community, I am constantly exposed Mordechai Rubashkin in the most surprising that mainstream America to the media frenzy created by the ICE nefarious light possible. likes to forget that little concept of raid, which occurred at Agriprocessors My husband and I have been close “innocent until proven guilty” when in May 2008. The raid, and later friends with Shalom Mordechai for convenient. However, for President- attempts to completely destroy almost 15 years, and the fi endish elect Barack Obama, who obviously Agriprocessors, has currently become demonization of his character would be took no effort whatsoever to fi nd out one of the media’s favorite topics, hysterically funny if the consequences what the events surrounding the raid because several components of these resulting from it were not so dire. I, on Agriprocessors actually were, events are highly controversial. As a myself, generally try to avoid the stress to express his condemnation of the result, the secular American public caused by the sight of these terribly company is terrifying. This portrayal has been whipped into a blood-thirsty warped versions of events. But every of Shalom Mordechai as some sort of frenzy over issues such as illegal so often a family member brings a modern day Fagin is inconceivable to immigration, Jewish business ethics, copy of an article home, and the next those of us who really know the man. unionization and problems with the thing you know, I am shaking my head Greedy? Is it greedy to single- American economy. These issues are in disgust after reading it for the third handedly subsidize nearly every mosad wide-ranging and complex in structure time. in one’s community - including but not - requiring research and intense If one is to believe what has been limited to two chadorim, a high school, concentration to be fully understood. claimed by most of the media, Shalom a mesivta, a kollel, a fi rst-class multi- The majority of the American public Mordechai Rubashkin is a greedy media library, a shul, a spa-like mikvah is not inclined to spend a great deal of unscrupulous excuse for a human being and a kosher grocery store? effort when it comes to formulating who gleefully and cruelly exploited Is it cruel to subsidize families who opinions about current events. This, his workers and brazenly fl outed all cannot afford rent or tuition? perhaps, explains why the main fury sorts of laws to fulfi ll his desire for Is it selfi sh to run the grocery at of the American public a loss so as to maintain has fallen upon the affordable prices and Rubashkin family, carry thousands of in particular Shalom dollars worth of habitual Mordechai Rubashkin, debt owed by various former CEO of community members? Agriprocessors. People What about hosting who are dissatisfi ed with a weekly melava malka their lives very often for over 15 years, and tend to fi nd a scapegoat Shabbos and Yom upon whom to vent their Tov meals with guests frustrations. It’s much consistently in the easier to simplify things double digit range? into good vs. evil than to Perhaps giving take the effort to form discounts on meat to their own opinion about some Chabad Houses complicated situations. and even delivering The media, always tons of meat absolutely willing to bow to the free to those hosted by desires of the consumer, family and close friends is doing their best to could be seen as greedy, satisfy this demand but I’m not quite sure

Perfi dy in Iowa Page 33 how. gevir to subsidize kiddushim over he found a suitable house for them). Perhaps it is human nature to take Shemini Atzeres and Simchas Torah, No, the hate-fi lled mob which feeds assistance for granted when it comes but it is inspirational to toss huge upon any negative item dreamed up by from someone who is not only reliable bags of candy throughout the shul the secular media machine does not and generous, but also constantly when the Sifrei Torah are brought out. really know anything about Shalom cheerful, smiling and friendly. I know When Shalom Mordechai performs a Mordechai Rubashkin the man. Why that, upon various occasions when mitzvah, you can really see in action would they wish to? If they could I’ve worked to raise money for a local someone following the commandment see him suddenly stop singing and project, many people have asked me in Shemah to serve Hashem with your dancing during hakafos to run to his why I didn’t just ask the Rubashkin entire heart, your entire soul, and all of developmentally delayed teenaged son family to sponsor it. My explanation your might. so as to hug and kiss him with pride, that we all bear a responsibility to help There are people who fi nd it easier it would lessen their enjoyment of the subsidize community organizations left to focus their chesed on large groups mass fury. If the press portrayed him people confused at times. It seems so of people and others who fi nd it easier reading a story book to young children, much easier to write large checks when to work on a one-to-one basis. It’s easy it would remind them that these are someone else is doing the writing! But to assume that for someone who runs real people with real lives who are I don’t wish to make the same mistake a multi-million dollar, global company, suffering. as so many journalists do and merely it could be quite diffi cult to fi nd the But this is golus, and the world is characterize Shalom Mordechai and time to listen and meet the needs of turned upside-down. A human being his family in the context of how much individuals. Yet the same man who who spends every spare minute trying to money has been gained and how much hosts a Pesach seder for 75 people until bring light to the world is maligned and spent. 4:30 in the morning and then helps his imprisoned - the object of entertainment If Shalom Mordechai is truly greedy, wife put away the food can be found a for those who wish to spend all of their it’s for Torah and mitzvos. He never few hours later, at 7:30 a.m., helping a time, free or otherwise, denigrating and looks so truly alive, so comfortable in small child walk home when she wakes debasing him. If only they would spend the role which he knows is really his, up to fi nd herself in someone else’s that time emulating him instead - then as when he’s learning Torah, davening home. There are countless people in what a world we would have! or performing acts of ahavas Yisroel the Postville community alone, Jewish Leah Lederman is a member of the and gemillus chassodim. When we and gentile, who not only found a Postville Jewish community and a returned to live in Postville after a three listening ear but a loving heart when he freelance writer and editor who has year absence, he strode away abruptly helped them fi nd a top-rated physician participated in such publications as from a group of business associates to and sponsored their medical care, or Spice and Spirit: The Complete Kosher grab my husband in a huge, welcoming helped them move to Postville, gave Jewish Cookbook, The Neshei Chabad bear hug and give him large smacking them a job and provided them with a Newsletter, L’Chaim and Body and kisses on both cheeks. home (often within his own home until Soul: A Handbook for Kosher Living. He has an infectious enthusiasm for the taryag mitzvos that transforms any environment in which he is located. It is this love for the Torahdike lifestyle that has created the beautiful community we have enjoyed in Postville far more than mere fi nancial donations could ever do. It’s a considerate gift to provide every family in Postville with a bottle of Crown Royal for Purim, but it’s Shalom Mordechai’s heart which inspires him to dress up like a clown and lead a caravan of cars to every house where they stop and make a l’chaim. It’s not unusual for a local

Page 34 Perfi dy in Iowa January 23, 2009 Do Your Part

BY CHANA RIVKA FLAUM

We live in a world of turmoil. Every know that they are one of the most giving, your behalf? day we hear of tragic stories. I don’t generous, caring and devoted families We must act and we must act now. If remember the last time a day passed around. While Shalom Mordechai sits you get a Tehillim text, appreciate that without a Tehillim text being sent to me. in jail, not found guilty of anything you and your family members are healthy I fi nd that we are so wrapped up in our but being treated like a murderer, his enough to open a Tehillim and daven. If own worlds that we just shake our heads unassuming mother spends these freezing you have the opportunity to help someone in disbelief and then continue on with winter days in her restaurant which serves else, even if it is a little inconvenient, whatever we have to do. Of course I as a soup kitchen to the poor people of the be happy that you are able to be the one care and wish that everything would be neighborhood. to help rather than the one who needs okay, but what does it take for me to get I don’t know about you, but when to ask for help. And if a fellow Jew is involved and do what I can for my fellow I face a diffi cult challenge, I become imprisoned, do your part, however small, Jews in distress? When I get a Tehillim nervous, angry, jumpy and introverted. I to try to get him freed. Make a difference! text, do I ignore it? Do I forward it like am not serving latkes to the poor and I am I urge you to help get Shalom the sender asked me to or do I stop for not worrying about everyone else’s needs Mordechai Rubashkin out of prison and a minute and say a kappitel Tehillim? It before my own. I don’t think that makes back with his family. only takes minutes, but the impact that it me a bad person. I just think that it makes How can you get involved? could make is immeasurable. me human. 1. Call our state senators and When I hear about families affected by Imagine that, chas veshalom, you were demand that they get involved in this terror attacks, do I pull out my checkbook arrested for something. Whether you unprecedented injustice: and write a check for whatever amount I were guilty or innocent, would you want Senator Chuck Schumer’s Washington can? everybody and their neighbor talking number is 202.224.6542. I am tormented by the thought of about it? Would you want your children Senator Hillary Clinton’s Washington Shalom Mordechai Rubashkin sitting in going to school knowing that everyone number is 202.224.4451. jail. I am very close to the Rubashkin is staring and pointing? Would you want 2. Write a letter to your local newspaper. family. But this is not the sole reason that your spouse to be left trying to pick up 3. Say Tehillim for Shalom Mordechai it takes up so much of my thoughts. It is the pieces and hold the family together? Halevi ben Rivka. the injustice of how Shalom Mordechai Or would you hope that everyone would 4. Donate whatever amount you are able is being treated, when he hasn’t even had give you the benefi t of the doubt? Would to Pidyon Shivuyim Fund, 53 Olympia his day in court, and the way that our you hope that people would respect your Lane, Monsey, New York 10952. society has reacted and is still reacting to privacy and wish the best for you? Would In these challenging and uncertain the story. you hope that someone would be sitting times, choose to be an individual who will If you know the Rubashkins, then you with a Tehillim, davening to Hashem on make a difference.

In these challenging and uncertain times, choose to be an individual who will make a difference.

Perfi dy in Iowa Page 35 January 23, 2009 Why are you Guys so Busy with Shalom Rubashkin

BY AVROHOM BIRNBAUM

“Why are you guys so busy with butcher. as we complacently think that it is Shalom Rubashkin?” was the question When an issue such as the one of ‘them’ being attacked and not posed to me by an acquaintance last Agriprocessors matter turns from one of ‘us,’ we have been lulled into week. Long ago I learned that the provincial to national, with multiple false complacency with potentially term “you guys” refers to any writer articles expounding on it in the grave ramifi cations for all Jews.” who works the paper for which I New York Times and much time The blank look on his face made it write, and my erstwhile acquaintance devoted to it in the national broadcast clear that he hadn’t really understood, seemingly assumed that I have an media, it is important for us, Torah so I explained. editorial red-pen that can veto or observant Jews, to try to understand “The raid on Agri and the approve everything published in the why it has been propelled to the imprisonment of Mr. Rubashkin on paper. forefront of national headlines. Why federal immigration related charges is Disregarding the multiple, does a relatively small, kosher really the culmination of a year-long mistaken assumptions implicit in his slaughterhouse that processes a campaign to impugn Agriprocessors. words, I answered in the classical fraction of a percent of the meat in There are people and organizations Jewish way: “Why not?” the country merit such attention? that have been at the forefront of “Well,” he replied, “Shalom Out of all the millions of questioning the humaneness of kosher Rubashkin is a guy for whom ‘we’ immigration infractions taking slaughter as practiced at Agri. They fi nd it a little hard to sympathize.” place daily in this country, why was are determined to get a foothold into Again disregarding the inherent Agriprocessors singled out? kosher slaughter, and if not outlaw meaning of the word “we,” I repeated Turning to my acquaintance, I shechitah outright, at least be able my question: “Why not?” said, “It’s important that members of to control and regulate the process. Exasperated by my failure to “get our community understand what is at Do you hear? They want to tell our it,” he said, “You know, he defi nitely stake. The issues have nothing to do rabbonim what is humane and what did things that he shouldn’t have with Chabad, nothing even to do with isn’t humane about the shechitah done, so why are ‘you guys’ sticking Rubashkin or Agri per se. Personally, that we have been practicing for out your necks for him?” I think Mr. Rubashkin has become a thousands of years. Okay, now that I fi nally useful caricature and punching bag in “They have found a sympathetic ear understood the question and its the hands of those who seek no good at the New York Times and numerous premise, I felt that perhaps I could for our community. other national media outlets. PETA, give an answer. My answer was that “The issues and concerns that you the ultra-radical ‘animal rights’ although I had nothing to do with may have,” I continued, “are not the group even illegally planted a worker the editorial policy that vociferously issues that made this story a national at Agri and had him illegally fi lm the and unapologetically defended Mr. story and a national ‘scandal.’” shechitah. This illegal video was then Rubashkin, I think I understand it. “So what is this all about?” He given to the media and subsequently The Rubashkin issue is not a asked. spread around the world to infl ame small, provincial issue, limited to I replied, “It’s about the Torah’s the masses against what they called the relatively small Orthodox Jewish commandment of shechitah. It is the ‘cruel and inhumane practice of community. Although it concerns about singling out Orthodox Jews. kosher slaughter’ practiced at Agri. the meat that we eat, it has exploded It is about freedom of religion “The next step in the attempt into something far beyond which and freedom from government to shut down the biggest kosher brand name will appear on the tray of intervention in religious matters in slaughterhouse in the country was meat or chicken we purchase at the the United States of America. As long to fi nd Agri guilty of immigration

Page 36 Perfi dy in Iowa related charges and employee abuse Sderot or Ashkelon. shechitah notwithstanding, a major charges.” “The campaign against shechitah cause for concern in this case is the Let’s make something clear. This has been no different. fact that a fellow frum Yid has been writer is taking no position on whether “Although world condemnation demonized and treated unjustly. Agri and Shalom Rubashkin are of Israel has been against all Jews, That, I said, should be a concern guilty of any of the alleged charges. we have seen smaller scale efforts to every member of Klal Yisroel. Certainly, he should be given what is to delegitimize the Torah observant His continued incarceration - being the right of every American citizen - Jewish community by using similar separated from his family and his his day in court and the opportunity to messages of compassion, human children - while he awaits his day prove his innocence. Judgment on the rights, animal rights, etc. The in court, is unnecessary, excessive case and its underlying issues should allegations against Rubashkin have and discriminatory. We should think be reserved until after the verdict. been a textbook example of the about Shalom’s predicament, express That being said, it is fairly clear that selective use and application of high how troubled we are by it, and feel in the court of public opinion, with minded platitudes of animal rights, his pain. the media serving as judge, jury and human rights and workers’ rights. Bernard Madoff, alleged to have executioner, and even in the minds “Anyone who thinks that the duped investors out of $50 billion, of many in our own community, shechitah issue is only about Agri, is not deemed a fl ight risk, but judgment has already been passed. not about the practice of shechitah Shalom Rubashkin is? Why the In the courtrooms of their minds, a itself, anyone who thinks that the double standard? Could it perhaps guilty verdict on Mr. Rubashkin and fi ght against Agri was only about its have something to do with the fact Agri has already been issued. What alleged transgressions of its cattle’s that Mr. Rubashkin looks visibly they don’t realize is that they could ‘animal rights’ and its employees’ Orthodox? Are we witnessing a new unwittingly be participating not only human rights, and anyone who thinks discrimination against visibly Torah in the lynch-mob campaign against that once Agri would be shut down observant Jews, who seem more Mr. Shalom Rubashkin, but in the everything will revert to normal, is suspect than others? lynching of shechitah too. sorely mistaken. Indeed, in a letter to Attorney “Living in this most benevolent “As soon as Agri was raided and General Michael Mukasey, Rabbi golus since the churban Beis it became clear that the plant was on Chaim Dovid Zwiebel of Agudath Hamikdosh,” I told my acquaintance, the verge of shutdown, the Forward, Israel wrote, “It is ironic that the very “has perhaps made some of us feel a secular Jewish newspaper at the Law of Return that was designed so comfortable with what we are and front of maligning Agri, began its to save Jews from oppression was who we are that we fail to register the next foray into ‘human rights’ with now being used by the American very powerful forces in this country stories about the next biggest Jewish government to treat Jews as second that view Orthodox Jews, especially meatpacker, Alle. Borrowing a page very visible, ‘medieval looking’ out of the playbook used against class citizens by deeming them as Jews as different. ‘Human rights,’ Agri, they tried to fi nd disgruntled fl ight risks. The implications of this ‘animal rights’ and ‘compassion’ for Alle workers to complain about their ruling are painfully ironicÉThe notion the downtrodden are age-old, tried treatment, or rather mistreatment, that Israel’s Law of Return makes and true methods utilized by our by Alle. They also tried to impugn Jewish defendants greater fl ight risks enemies to mask their real intentions Alle for not consenting to unionize than their non-Jewish counterparts and their real hatred of us and what its workforce. It became clear that could result in wholesale denials of we stand for. A textbook example is victory had been declared against bail to Jewish defendants who would the crocodile tears shed by the entire Agri, its destruction was imminent, otherwise be eligible for release international community for the and the next frontier was Alle, the pending trial merely on the basis Gazan civilians in the recent Gaza largest remaining player in the kosher of their religious identity. Needless War. This selective compassion is meat industry.” to say, this ruling is both deeply the classical smokescreen behind Another related attack on offensive and extremely troubling.” which Jew-haters hide to mask their Orthodox Jews resulting from the Shechitah has been under attack true motives - hatred of Jews, and the Rubashkin affair has been the Federal during various sordid, tragic periods ultimate eradication of the State of magistrate’s refusal to release Shalom of our history. Jews - and certainly Israel. Rubashkin on bail. Mr. Rubashkin is visibly Orthodox Jews - have “Unfortunately, in the case being forced to sit in prison because been under attack during various of Israel, there have been many he has been deemed a “fl ight risk” as sordid, tragic periods of our history. misguided Jews, possibly even a result of the Israeli “Law of Return” The latest attack has begun with classifi able as evil Jews, who have that grants automatic citizenship to Agriprocessors. The question is been siding with the enemy and have Jews. This represents a precedent where and with what it will end? shown far more sympathy for Hamas that could conceivably be used in the “And that’s why ‘us guys’ are so and the Palestinian children of Gaza future to deny bail to any Jew. busy with Shalom Rubashkin,” I City than for the Jewish children of So, I told my friend, the issue of concluded.

Perfi dy in Iowa Page 37 January 30, 2009 Rubashkin Gets Bail

BY AVI YISHAI AND AVI SHIFF

Judge Linda Reade of U.S. District Court these times,” said Mrs. Rubashkin after the They had called upon everyone to daven for Mr. of Northern Iowa ruled Tuesday that Shalom decision. Rubashkin’s freedom during the bail hearings Mordechai Rubashkin will be freed on bail The following day heard similar testimony on both Monday and Tuesday. The Rubashkin this week, overturning the original, heavily to Mr. Rubashkin’s character - from Amy family and members of the community criticized decision to deny him that freedom Dickel, a Postville Insurance Agent, Rabbi gathered on Monday, Rosh Chodesh Shevat, partially based upon his religious background. Chaim Dovid Zwiebel, Executive Director to daven on behalf of Mr. Rubashkin. They Advocates for Mr. Rubashkin praised the of Agudas Yisroel of America, Joe Shochet, had asked other Yidden around the country decision as a victory for equal rights and a family friend, and Mr. Joseph Sarachek, a to set aside a few moments at home, school religious freedom. trustee for Agriprocessors who submitted a or shul to recite Tehillim and learn Torah in “Justice prevailed today,” said Guy Cook, written affi davit. Arguments were also made the zechus of Shalom Mordechai Halevi ben Mr. Rubashkin’s attorney. “Judge Reade that Mr. Rubashkin was being unfairly treated Rivkah. The community of Postville, Mr. protected this man’s constitutional rights. She because of his religion. Rubashkin’s home, also designated Sunday, made those rights come alive.” Many legal scholars have criticized Erev Rosh Chodesh Shevat, as a half day Mr. Rubashkin will be freed on $500,000 the decision to hold Mr. Rubashkin on the voluntary fast day. bail Thursday, and will be required to grounds that his Jewish heritage made it more The tremendous achdus this case surrender his birth certifi cate and family likely he would fl ee to Israel. By citing the engendered was seen by many observers passports. He has pledged, as mandated by the Israeli ‘Law of Return’ policy, which grants as an additional zechus through which Reb court, not to contact a list of people related to expedited citizenship, the U.S. Attorney Shalom Mordechai merited that his tefi llos the case and to wear an electronic monitoring would have created a special class for all 5.3 were accepted. Through the many months he bracelet. The judge ruled that more extreme million Jewish Americans in which every spent in jail, his bitachon never wavered. In measures, such as armed guards or additional Jew would be viewed as a greater fl ight risk fact, he related that he took advantage of the surety, are not necessary. than non-Jews. The Anti-Defamation League time to learn more Torah than usual, deriving Over the course of two days, Judge Linda had sent a letter to Attorney General Michael much chizuk from his learning in general and Reade heard substantial testimony that the Mukasey asking him to reverse this decision. in particular from seforim such as the Chovos U.S. attorney had trumped up evidence that ADL lawyers said they were unaware of any Halevavos. Mr. Rubashkin was planning to fl ee. His other case citing the Law of Return as a means The Rubashkins are widely recognized lawyer was able to prove that he has strong to withhold bail. for their many acts of kindness, chesed and ties to the community and intends to fi ght the Mr. Rubashkin, former CEO of the kosher maasim tovim. They developed a kosher charges against him in court. meat packing company Agriprocessors, slaughterhouse which became the trendsetter On the fi rst day, Monday, Mrs. Leah Inc., had been held without bail since being in the industry for quality and price. Around Rubashkin, Shalom Mordechai’s wife, testifi ed arrested on November 14. Since his detention, that company they developed and supported that the U.S. attorney had misconstrued the dozens of Jewish Iowa residents have offered an entire town, including a bais medrash, shul, purpose of cash found at their home, saying it their homes as collateral for bail, totaling yeshiva, cheder, mikvah, and everything else was to pay for family expenses. She described $2 million, as has a Brooklyn man whose that religious Jewish life requires. Mr. Rubashkin as a loving family man with home is valued at $4 million. The court had Agriprocessors Inc., which closed 10 children, one of whom, his 15-year old also received nearly 300 letters testifying temporarily after being raided by authorities son Moishe, is autistic. The money and other to Mr. Rubashkin’s character. A delegation last year, is moving forward under a court documents were put in a closet to hide them of prominent Jewish leaders from around appointed trustee. They are continuing to from Moishe, Leah Rubashkin said, who the country also visited Mr. Rubashkin provide kosher meats to the many Jewish often rifl es through drawers and cabinets. in Dubuque County Jail this month, later communities all around the country and look “We are very grateful for the beautiful publicly stating that he had strong ties not forward to prospering in the future. outpouring of good wishes and prayers from only to the local community but to the larger Now Shalom Mordechai will be able to all around the world. It means so much to Jewish community in America. work from home to prepare his defense to Shalom and me to know that we have this Family members and prominent Jewish the many charges he is facing. He adamantly continuous spiritual strength behind us during community members applauded the decision. maintains his innocence.

Page 38 Perfi dy in Iowa February 13, 2009 Yisro and Apathy

BY RABBI PINCHOS LIPSCHUTZ

In Parshas Yisro, we learn of Kabbolas only Yisro? parsha of Kabbolas HaTorah is named for HaTorah. Following the makkos in Everyone knew about it. Everyone was Yisro, the convert. Mitzrayim, Kriyas Yam Suf and the giluyim impressed, even awed. Some might even But it is not enough to stand up and take the Jewish people had experienced there, have been inspired. The entire world might notice. We’ve got to do more than that. Klal Yisroel was ready to become the Am have been nispa’el, but it was for a mere The Torah recounts that Yisro noticed Hashem and receive the Torah. moment, not long enough for the miracle that Moshe Rabbeinu was teaching It is most interesting that the parsha to impact the heart. A fl eeting impression halachos and judging the Jewish people which deals with Matan Torah carries the was all they experienced and they quickly from morning until night. Yisro advised name of Yisro and not something more returned to their old habits of thought. Moshe that the system was improper. He descriptive of the gift we received on Har They reverted back to being exactly the urged Moshe to set up a well-functioning Sinai. It is also intriguing that the Torah way they were before they were amazed court system in which other people would interrupts its account of the Jews’ journey by the power of Hashem. adjudicate the simpler cases and the more in the Midbar and the apex of their journey The only one who heard about Kriyas diffi cult ones would be brought to him. at Midbar Sinai to tell the seemingly Yam Suf and Milchemes Amaleik and was Yisro told Moshe that the present tangential story of Yisro’s arrival. affected to the core of his being by these system, in which he was busy all day The parsha should have continued where events was Yisro. He was the only person paskening all the shailos, was too it left off at the end of Parshas Beshalach, who was so overcome that the experience diffi cult for one person and would end up when the Jews had miraculously crossed transformed his life. destroying him. He advised him on how the Yam Suf, received the monn and were The pesukim recount: “Vayichad Yisro… to choose competent judges to whom he rescued by Hashem’s intervention in the - And Yisro rejoiced over all the goodness would teach the halachos so that they battle with Amaleik, and the next leg of that Hakadosh Boruch Hu did for the would be knowledgeable enough to their journey that took them to Midbar Jews and rescued them from Mitzrayim… educate the people. Sinai to receive the Torah. Why is the fl ow And he said, ‘Now I know that Hashem is He urged him to get Divine approval of the narrative interrupted with the story greater than all the gods… And he brought for the new system and thus be able to of Yisro’s arrival? korbanos to Hashem…” function optimally. What lessons are implicit in the No one else came to the Bnei Yisroel in Yisro was a newcomer to the Bnei narrative of Yisro that justifi es its insertion the Midbar saying, “Atah yodati kee gadol Yisroel’s camp. He wasn’t the fi rst person after the description of Kriyas Yam Suf, Hashem.” Everyone else remained mired to see what was happening to Moshe prior to Matan Torah? in their pagan beliefs. Rabbeinu. Everyone saw that Moshe was The parsha begins with the words This is why the Torah interrupts the consumed all day long with dinei Torah. “Vayishma Yisro - And Yisro heard.” Rashi chapter of the Bnei Yisroel’s sojourn in the Anyone could have fi gured out that is quotes the Gemara in Maseches Zevachim Midbar to tell the tale of Yisro’s arrival. wasn’t a normal situation. Anyone could which asks what it is that Yisro heard A prerequisite for Kabbolas HaTorah is have fi gured out a more effective system that prompted him to come. The Gemara to let the experience of Hashem’s majesty that would allow Moshe Rabbeinu to answers that he heard about Kriyas Yam envelop the mind and the senses so, that it spend his time more productively. Anyone Suf and Milchemes Amaleik. Upon hearing forces a person to draw closer to Torah and could have realized, as Yisro did, that of those events, he left his home in Midyan G-dliness. Moshe would become exhausted from the and came to meet Moshe Rabbeinu in the Divine acts are intended to teach us the grueling regimen and unceasing pressure. Midbar. power of Hashem. Torah demands that a And that is exactly our point. Everyone Obviously, Yisro was not the only one “hisorerus” last for longer than a day or saw it. Anyone could have realized where who heard about Kriyas Yam Suf and two. Torah demands that we always seek it would lead, but no one did anything Milchemes Amaleik. One would imagine to learn and grow. about it. It took Yisro to internalize what that there were few people who hadn’t That was the lesson of Yisro and that he saw and to do something constructive heard about these two earth-shattering is why his parsha was placed before about it. events. Why did these miracles galvanize Kabbolas HaTorah. That is why the So often, the urge is to turn the other

Perfi dy in Iowa Page 39 way and make believe we didn’t see. But there are still people who wonder intense pushback in large segments of the People don’t want to get involved. People why we do it. Perhaps an article published Orthodox community, where there is a don’t want to get dirty. People want in the weekend edition of The Wall Street belief in strict adherence to the laws set everyone to like them. But that is not the Journal, written by the person who more down in the Jewish holy texts - these are way of the Torah; nor is it the way to get a than anyone else caused the downfall of the Antonin Scalias of the Jewish world, parsha in the Torah named for you or for Agri, can provide insight. to continue the Supreme Court analogy. you to achieve immortality. Nathaniel Popper of The Forward One infl uential Orthodox rabbi told me, “I Yisro saw, Yisro cared, and Yisro spoke newspaper wrote an explanation of what don’t keep kosher because of some sense up. Hakadosh Boruch Hu and Moshe caused him to go on a tear against the that it is the right thing to do socially - I do Rabbeinu accepted his proposal. Postville slaughterhouse. Read his words: it because G-d said so.” Yisro spoke up and saved Moshe from “What was it that so riveted our Don’t you get it? In Popper’s mind, becoming physically exhausted. The attention? It was never articulated and we, who observe Torah and the laws of Torah honored him for this worthy deed it took me a while to see it, but this kashrus, are Neanderthals. We don’t care by naming the parsha for him. This is why one story had managed to distill some about the welfare of animals and we don’t the lessons imparted by Yisro’s deeds are of the most essential questions and care about how people are treated. We are inserted into the narrative describing the issues that are dividing and defi ning the just a bunch of money-grubbing shylocks, supernatural events leading up to Matan Jewish community and indeed religious looking to squeeze out every penny of Torah. communities of all stripes today. profi t from pounds of fl esh. Yisro taught us that everyone has the “These divisions are, at their most We let hair grow on our faces; we aren’t potential for greatness to the point of being basic, about the proper way to interpret clean shaven and professional-looking. We worthy of having a parsha in the Torah religious law and values: Should we read aren’t progressive in action or thought, and named for him. One must care enough to our ancient texts literally or adapt them to we refuse to adapt to the modern era. We notice what is going on around him, draw a changing world? prefer to remain cultists frozen in a time the right conclusions, and try to remedy “The Agriprocessors plant slaughtered warp. That’s Popper’s perception of us, the situation. chickens and cows according to a group which he chose to share with the readers Every one of us has the ability to of laws — known as kashrut - that have of the country’s most widely circulated improve the world around us. Each of us been refi ned and codifi ed over centuries in newspaper. can reach out and help people who need a books like the Shulchan Aruch. Bearded, This person, who caused so much handout of time, money or sympathy. We Orthodox rabbis had buzzed around the acrimony and pain to so many Jews, can all help others get through the day. We Agriprocessors plant making sure these and robbed people across the country can all bring meaning and warmth to the laws were being followed.” of the ability to purchase kosher meat at lives of our neighbors, friends and fellow And just in case you didn’t yet get his reasonable prices, isn’t sure that we have Jews. If only we cared, if only we tried. If message, he goes on: gotten his message. only we took Yisro’s example to heart. “When allegations about the working He decries the campaign to raise Yisro taught us that we can all make a conditions at the company fi rst came money to help pay for Shalom Mordechai difference. In our day, though, we have to public attention through my 2006 Rubashkin’s defense, again cloaking his become apathetic about many causes. reporting, these Orthodox rabbis argument in an us-versus-them rhetoric. Things have been going so well for us for vouched for the company. But a group of “This campaign for Sholom so long that when a problem develops, we progressive, socially engaged, and mostly Rubashkin,” writes Popper, “has faced imagine that it will be dealt with and made clean-shaven rabbis decided to visit the skepticism from progressive Jews - many to go away with minimal effort. Thus, plant themselves. After a tour of the plant of whom had spent months trying to help many issues go unaddressed. and town, these rabbis said that while the the immigrants put in jail after the raid. In This newspaper has been at the forefront company seemed to be in compliance standing up for the immigrants, the non- of advocating an objective treatment of the with narrow kosher laws, there was less Orthodox rabbis have fought for a more Rubashkin family. attention being paid to another, less explicitly universal vision of mankind, We wrote extensively about the injustice codifi ed set of Jewish rules about the in which a Guatemalan Catholic has the and the maligning of the Rubashkins, proper way to treat workers. same weight as a Brooklyn Jew.” Agriprocessors, and the Orthodox “These rules do not loom large in The people who battle Rubashkin, community in general. We wrote against everyday Jewish life - there is little shechitah and really all of Shulchan Aruch Hekhsher Tzedek, which was founded in contemporary rabbinic legislation on also deny that we are the Am Hanivchor. response to PETA and ICE allegations, the proper minimum wage - but they are They deny the bracha of Atah Bechartanu. and explained the dangers inherent in such strikingly consonant with modern concerns They deny that we are the chosen ones. a group. We warned that we must ensure about human dignity and equality. The They are bothered by our success. Just like that they not be allowed to gain a foothold, rabbis pushing this agenda might be the Yevonim, they seek ways to undermine and that we certainly shouldn’t be working compared, in secular terms, with Supreme our way of life and target the things dearest with them in any way. Court justices like Ruth Bader Ginsburg to us, such as milah and shechitah, in short Lastly, we established a legal defense and Stephen Breyer who seek to interpret succession. fund of behalf of Shalom Mordechai old legal doctrines through a modern lens. Popper takes one last jab at observant Rubashkin as he awaits trial. Dozens of As part of this push, these rabbis, who were Jews in his article: checks of all amounts are fl owing in. This representing the Conservative movement, “It is the very vitriol and divisive nature is heartening and it shows that people do created a new program, known as the of the Agriprocessors debates that is one care and do want to help. It demonstrates Hekhsher Tzedek or Justice Certifi cation, of the most characteristic elements of the that people are prepared to spend money which aims to evaluate the business ethics increasingly polarized Jewish community to supportand help this man receive his of kosher producers. of today. Progressive Jews passionate constitutionally guaranteed rights. “The Hekhsher Tzedek generated about social justice and Orthodox Jews

Page 40 Perfi dy in Iowa unswerving in Talmudic law have clean bill of health despite the charges of a obsessed New York Jews? It’s a perfect interacted less and less in recent years, and radical left-wing vegetarian group. real-life illustration of the rich taking disagreed more and more...” But if you are doing the work of the advantage of the poor and downtrodden. To be clear, the battle against Agri enemies of the Jewish people, why worry I had never met any of the Rubashkins wasn’t just against Agri. It was against over a lapse of journalistic integrity? prior to my visit to Postville last year. us Jews who hew to the Shulchan Aruch Lately, Amaleik has worn another mask I found them to be eminently loveable, and Talmudic law. It was just another shot - that of Jewish reporters and Jewish news geshmakeh, heimishe people you’d want at us from those who see themselves as services continuously distributing libelous for neighbors and friends. They are full of inheritors of the mantle of the maskilim of reports about religious Jews in general and chein and seem to possess good doses of the past centuries who did not rest as they Agriprocessors in particular, displaying seichel tov. I have since come to know and used the media and government to agitate no sensitivity for the truth. Jewish treasure them as dear friends. against ehrliche Yidden. news groups routinely dispatch articles I saw the distinct pride they take in the When charges were brought against the disparaging religious Jews and halacha, place that their family built up through company for allegedly hiring underage and no one calls them on it. many years of hard work and much siyata workers, we asked our readers not to rush Some have questioned why we have diShmaya. to judgment, but to wait until the accused taken such a strong stand on behalf of the It was a priceless gift to have such a have a chance to defend themselves in a Rubashkins. We believe that the proper large enterprise supplying American Jews court of law. All the other charges bandied course of action is to defend ehrliche - and Jews the world over - with the fi nest about in the media are mere allegations Yidden who have been wrongfully accused in kosher meat. We didn’t appreciate the based on hearsay and don’t deserve to be and maligned. But more than that, it worth, quality, importance and magnitude treated as fact. was our perception that the Amaleikim of this gift, so we lost it. The leading media in this country hounding them are targeting not only the The Torah relates how Yisro went to formed a fi gurative lynch mob and went Rubashkins. They are targeting you and Moshe, “to the desert.” Obviously, if he after Agriprocessors with the obvious me and our ability to eat kosher meat and went to Moshe, he went to the desert, for intent of destroying the company. observe mitzvos in this country. that was where Moshe and the Jews were They slammed it with all kinds of false The same unions which turned countless to be found. Rashi explains that the Torah allegations, as if it were a cattle-and-man- American factory communities into ghost is actually saying this in praise of Yisro. killing jungle of the early 1900s. towns now seek to do to shechitah what Yisro was sitting “bekvodo shel olam.” He Amaleik perceives that he can’t destroy they did to the auto manufacturers and was coming from an environment where us, so instead he slanders us and tells the knitting mills that used to dot this country. he enjoyed prestige and notoriety as a world that we don’t know how to treat Examples abound of the attempts to leading light among the cognoscenti of animals or people. He says that we are minimize our accomplishments and cause that age. Despite this, he was prepared to mean, vicious and heartless, and he gets our neighbors and those less observant to venture out into the barren desolation of the media to print the canards. scorn us and to deride our accomplishments the desert, in order to seek out the truth of He plants perverse ideas in the minds in this country. the Torah. of hate-driven people who then peddle The New York Times, in its lead editorial their wild allegations to mainstream media on August 1, 2008, described the Agri In order to appreciate the beauty and outlets which, in turn, publish them as plant as follows: timeless truth of the Torah, one must be authenticated facts. “A slaughterhouse in Postville, prepared to abandon what might appear to In September of 2008, the nation’s Iowa, develops an ugly reputation for be enlightenment based on the prevailing “newspaper of record” ran a story abusing animals and workers. Reports values of society. Journalists and other headlined, “Kosher Plant Accused of of dirty, dangerous conditions at the self-styled intellectuals whose self respect Inhumane Slaughter.” Who accused Agriprocessors kosher meatpacking plant is dependent on viewing themselves as them? It was none other than PETA, the accumulate for years… The plant has been progressive, socially engaged, clean shaven group of misfi ts who parade around the called “a kosher ‘Jungle’…The conditions examples of enlightened Jews unshackled world, ludicrously arguing that man is no at the Agriprocessors plant cry out for the by ancient traditions, cannot perceive different than animal and, therefore, both cautious and deliberate application of the deracheha darchei noam inherent in species are entitled to the same rights. justice…” Torah and mitzvos. Rather, their need to be It is only when you got to the fi fth It wasn’t that long ago that pogroms seen as exemplary citizens in the eyes of paragraph that you fi nd out that the were perpetrated against the Jewish the world at large compels them to paint accusation is bogus. The plant, in fact, was population by illiterate peasants egged on ehrliche Yidden as backward, insensitive, found by the Department of Agriculture by the Church and government authorities. unsophisticated barbarians incapable of (USDA) to be “in full compliance with Today, thankfully, they don’t come after their own refi ned sensibilities. humane slaughter regulations.” us with sticks, knives and guns; blood We must have the courage to stand up The sensational headline was intended libels are a thing of the past. Today, instead to those who seek to undermine us and our not to inform, but to aid and abet the smear of knives and spears, the warmongers’ distinct way of life. We have to recognize campaign against kosher slaughter. implements of battle are The New York our enemies for who they are and not give Decency and integrity would have Times, The Wall Street Journal, CNN, them or their arguments any credence. We dictated that the story be dropped. Or, had JTA, and other compliant media outlets. have to be prepared to fi ght for our rights to the editors felt that there was a great need What can be a better story than illegal properly observe halacha as we have been for the public to know of the allegations aliens employed by Hasidic Jews in a lily doing for thousands of years. We have to against an already beleaguered kosher white corner of Middle America? Who defend each other without embarrassment. plant, they should have at least formatted will rise to the defense of the Jews? Who We have to take Yisro’s message to heart the story in a way that would leave no will cast doubts on the story of “Jungle” and not be afraid to withstand the ridicule doubt that the USDA gave the plant a savagery perpetrated by the rich, money- of the Midyanites who surround us.

Perfi dy in Iowa Page 41 February 20, 2009

Shalom Mordechai Rubashkin Responds to Recent Media Attack on Shechitah

Exclusive to Yated Ne’eman

Q: What is your reaction to the recent – surprise you. I knew full well the damage that PETA had article by Nathaniel Popper of The Forward Every Jew, religious or not, can see the caused to kosher shechitah in other countries, in The Wall Street Journal? deep-rooted disdain this reporter has for and what they were trying to achieve in Shalom Mordechai: By means of Torah-based Judaism. England and now in the United States. introduction, allow me to share the following: To bring out our point a bit more clearly, What is important to note is that although The haftorah that we read on the fi rst day let’s take a simple test. What if it was not the public was made aware of what the of Pesach focuses on Yehoshua bin Nun, the Nathaniel Popper who wrote the article in shechitah process looked like at Agri, no video great novi and successor of Moshe Rabbeinu, The Forward, but rather Louis Farrakhan? of any other kosher shechitah operation was who becomes the leader of Klal Yisroel Imagine that Farrakhan described religious ever shown for comparison. If that had been following Moshe’s petirah. Yehoshua was to Jews as “bearded Orthodox rabbis buzzing done, it would have proved that the shechitah bring the Bnei Yisroel to Eretz Yisroel, the about the plant” and wrote about our “narrow at Agri was indeed what shechitah is supposed Promised Land. The Torah relates the story kosher laws” in sharp contrast to “the clean to be, and how it’s been done for centuries. of how he encounters a malach with a drawn shaven progressive rabbis.” There would be The fact is that the slaughtering process sword. Yehoshua’s question to the malach is condemnations from all sectors. He would is not exactly ideal viewing for the general simple yet profound. “Are you for us or for never get away with making such statement! public. The cutting of an animal’s neck, our enemies?” he asks. Yehoshua needed to But Popper may have done all of us a favor the blood, and the loss of life are all things know what side he was on. by removing any doubt about what the recent that can cause anyone to turn away or react When there are two sides, it is vitally anti-shechitah, anti-Agri campaigns were all negatively. Most people are simply not aware important to identify a person’s loyalties about. Mr. Popper’s vitriol has made it all of the nature of shechitah or any other type before engaging him. This was the case in a abundantly clear. of slaughter, and even if they are, seeing it in physical confrontation of war. How much Mr. Popper, in his recent article, clarifi ed person or on a video can be disturbing. more so does this apply when the war is a for all the underlying agenda behind the attack After the PETA video was released, there psychological one. this past year on what was the jewel of kosher was great turmoil in certain segments of The lesson we learn about on the fi rst day meat and poultry production, Agriprocessors, the Jewish community over what it showed of the Yom Tov celebrating our freedom is and its proprietors, the Rubashkin family — and how it was explained by PETA. In fact, not to take our freedom for granted. There are a family committed to kashrus and quality, PETA’s claims in the narrative were either friends and there are enemies. It’s important, with a deep-rooted respect to Torah, mitzvos overstated or complete fabrications. They sent says the Torah, that when encountering a and rabbonim. It was actually a place the letters to lawmakers demanding government stranger who can be potentially an ally and rabbonim called home. intervention. This was a serious threat, because friend or enemy and foe, one must fi rst ask a Q: You’ve said that this tumult we have seen what other governments have critical question: “Are you for us or for our surrounding Agriprocessors, in truth, done to inhibit the kashrus of the shechitah enemies?” began some 5 years ago with the action of process. Last week, Mr. Nathaniel Popper, a Jewish PETA. In order to provide an explanation of what reporter, actually answered that question for Shalom Mordechai: Correct. Back in 2004, shechitah is, why it is absolutely humane, and us. He identifi ed himself to the Torah-true PETA released a video of the shechitah at Agri. why the government should ignore the lies and community by mocking us. He blatantly The video was taken illegally, and was PETA’s outlandish demands of these troublemakers, degraded religious Jews and rabbonim. He response to Agriprocessors’ refusal to agree I wrote a rather long letter to the public. I explained that if you are bearded – perhaps to its demands to allow the organization’s invited people to send questions to my email for further clarity he should have added to representatives access to the shechitah address. I invited the renowned veterinarian, the description a hooked long nose with plant and incorporate PETA’s suggested Rabbi Dr. I. M. Levinger, to come and see a veracious appetite for money – and you modifi cations regarding the shechitah process. for himself what goes on at Agri. I invited believe that G-d really means what He says in There was no way that Agriprocessors, the Iowa Secretary of Agriculture, Patty Jean the Torah, then you are automatically narrow- which had given over full control of production Judge, to come and see for herself what the minded. It pays to read Mr. Popper’s words. to the supervising rabbis, could overrule that truth is. The USDA was engaged and all They will - though they shouldn’t at this point arrangement by acceding to PETA’s demands. questions and inquiries were fully answered.

Page 42 Perfi dy in Iowa So satisfi ed was the USDA that no violations OU conducted his own investigation. He being pursued by enlisting the might of the were cited. validated the fi ndings of Rabbi Zeilingold United States government. They have used Dr. Temple Grandin, Ph.D., Professor of and Dr. Carbenero and completely refuted what is supposed to be an unbiased American Animal Science at Colorado State University Mr. Popper’s report. For whatever reason, court system to attack and destroy the very is known worldwide for her work on the design however, Mr. Popper’s discredited version of company that has worked so hard to allow of livestock handling facilities. (She is one of the situation at Agri took on a life of its own, everyone to enjoy kosher food freely in the most accomplished and well-known adults with many people still taking it at face value America, a company that showed how every with autism in the world.) In North America, and giving it full credence. Mr. Popper’s lie Jewish community could have a reliable kosher almost half of the cattle are handled in a center had stuck. meat and poultry supply. To them, destroying track restrainer system that she designed for Please note that anyone and everyone had such a company is the appropriate goal and meat plants. She came down to the Agri plant the opportunity to come to Postville and have defi nition of a progressive movement. and gave a very positive report. She gave a look for themselves. We had nothing to Like the Communists of old, these advice to the plant, which quieted down the hide and a lot to proudly show. If anything, “defenders of the worker” use brute strength PETA attack at the time. She is a specialist we were eager for people to come and see and vicious lies to achieve their goal. They who has the most credibility in this area. how preposterous Mr. Popper’s claims were. have their own view of what kosher is. As mentioned, Dr. Levinger gave a glowing But once something is out there in print, no To them, it is a kulturkampf. They view report and the Agriculture Secretary gave a matter how untrue it is, it is an uphill battle themselves as the clean-shaven, progressive great report as well. The USDA did not charge to convince the public otherwise. And the thinkers in a battle to wrest control of the Agri with any violations and no new laws anti-Agri people, like PETA, and others, were kosher meat market from the backward, restricting shechitah were introduced. working overtime to keep the lies alive and bearded, hooked-nosed rabbis. They claim Looking back, it was at that point that I to promote their agenda at every available that kosher does not mean what the rabbis became the target of our enemies. I felt no opportunity. That agenda has now been clearly dedicated to the Torah law say it means. compunction about standing up for our holy spelled out by Mr. Popper himself. They claim that kosher means whatever the Torah and its mitzvos and defending it without Boruch Hashem, Agri continued its growth progressives decide it should mean. They say apologies. Someone had to stand up for the and its service to Jewish communities in all that the plant you once had, which upheld the holy mitzvah of shechitah. I said at the time parts of the country. But there were those who laws as interpreted by the bearded rabbis, is that this is the way G-d wants us to take the life were still plotting our demise. going to be taken away from you. They are of an animal if we choose to eat meat. I went Q: Before you go further, can you saying to us that, even in this free country of on to prove scientifi cally that shechitah is and provide some background into your family America, we have found a way to attack your continues to be the most humane fashion of and the founding of Agri? religious institutions, just as our enemies, the killing an animal. Shalom Mordechai: Sure. I actually believe Yevesektsia and Haskalah did in the Russia of That was 2004 into 2005. The attacker was that some of the history will help put things old. Here they use sophisticated legal terms, PETA, and their tactics and motives were in perspective as we discuss the most recent but the results are the same —confi scation. recognizable to all. attacks on Agri. As the lies kept piling up and some people Q: What happened after that? My parents are Jews from Russia. They began to believe them, a movement, now Shalom Mordechai: In 2006, Mr. Popper lived through the Communist gehennom known as Heksher Tzedek, began to take - the same Mr. Popper who wrote the recent and saw fi rsthand what the Communists shape. These “moral police” wished to ensure piece in The Wall Street Journal - wrote an did to destroy Jewish life in Russia. My that workers were being treated properly, in article about what he saw and heard during parents observed the destruction of Jewish light of the fabricated reports about Agri that his visit to Postville, Iowa, and Agri. In the communities that once dotted the land. falsely claimed otherwise. title of his article, he referred to Agri as a Russia used to have a tremendous Jewish As an aside, note that the Agri plant has “kosher jungle.” When his story was printed population. With the rise of the Communist 20 USDA onsite inspectors. They are agents in a newspaper that is known for its anti-Torah party, new laws were enacted in Russia and of the federal government. If those reports views, it sent the Jewish community into an the former Soviet Union. The new constitution were true, the USDA inspectors didn’t notice uproar. “Look at this,” people said. “Now Agri actually guaranteed religious freedom, but that what was going on at Agri and its treatment of is being blamed for not treating their workers was to be undone. By whom? Surprisingly, or workers. But these reports were not true, and humanely.” To be honest, to this day it is maybe not surprisingly, it was undone by the these things never happened. hard to believe that people took this article at Yevsektsiya, or the Jewish party. They were So to be clear, the goal of these individuals face value without considering the fact that it the ones who did the most damage to the is to halt shechitah. It is not about Agri or any appeared in a publication well-known for its bearded Jew who chose to take G-d for His single plant. It is about denying our right to anti-frum bias. word. The progressive Jews of old had their live as frum Jews and observe our halacha. A few days later, two Jews, Rabbi agenda and their view of what Judaism should People like Mr. Popper have utilized the media Zeilingold, morah d’as- rah of Adath Israel, become. So they approached the Communist - including the secular Jewish media - and and Dr. Carbonero came to Agri to see for police and actually collaborated with them. their insatiable desire for scandals, especially themselves if what Popper wrote had any They arrested all the rabbonim and mohalim those involving frum Jews, to advance their validity. They toured the plant, interviewed they could fi nd on trumped up charges such agenda, even if it involves spreading falsities. many workers, and visited Postville before as counterrevolutionary activities that made It is important that we recognize what this reporting their fi ndings, which were no real sense, and they physically destroyed ongoing campaign against Agri is truly all completely contrary to what Mr. Popper had the Jewish communities that took centuries to about. claimed he observed. The two then wrote a build. One must fi rst ask a critical question: “Are full report exposing Mr. Popper’s story as a That history offers many parallels to the you for us or for our enemies?” fabrication. They also said that he had omitted current situation and the path that Mr. Popper It is only then that we will be able to protect basic fi ndings to come up with his “kosher and others like him have chosen to follow. ourselves and our treasured mesorah. jungle theory.” They are the new Yevsektsiya. What they The time to get active is now, while we still At that point, Rabbi Bomzer of the could not accomplish by themselves is now have a voice.

Perfi dy in Iowa Page 43 May 15, 2009

“9,311 Counts of “Child Labor” Violations: A Modern Day Blood Libel?

BY YISROEL LICHTER

It seems that prosecutors are doing a lot recent incident of egregious prosecutorial espionage-law case against two former of rushing to judgment these days. Not an overreaching. Last month, prosecutors AIPAC lobbyists, Steve Rosen and Keith innocent rush to judgment, but a libelous, dropped all alleged charges against 85-year- Weissman. diabolical rush to judgment that shamelessly old former Alaska Governor Ted Stevens. The Atlantic Monthly’s Jeffery Goldberg and irrevocably ruins the reputations of Everyone remembers how the corruption put it succinctly when commenting on the innocent people, causing them and their indictment against Stevens caused him government’s decision to abandon the case: families irreparable damage, heartache and to lose his bid for reelection in the Senate, “It’s about time. It was an idiotic case to begin emotional trauma. thereby ending a 40-year Senate career. The with; the men were being prosecuted (under A number of recent news stories have fact that charges have now been dropped, of an ancient, seldom-used law) for receiving proven the increased aggressiveness of course, will never reinstate his Senate seat. classifi ed information passed orally - not many prosecutors and the near lynch mob According to a report in the Anchorage even on paper - from a government stooge, atmosphere they seek to create regarding Daily News, “The Justice Department and then passing it on to a reporter and to their defendant. moved to dismiss former Sen. Ted Stevens’ an offi cial from the Israeli embassy. Rosen PROSECUTORS’ DISMISSAL OF indictment on Wednesday, effectively voiding and Weissman did what a thousand reporters his Oct. 27 conviction on seven counts of in Washington do every day - hear about IDENTITY THEFT CHARGES fi ling false statements on his Senate fi nancial information that’s technically classifi ed. The AGAINST RUBASHKIN disclosure forms. only difference is that these two worked for a HAILED AS VICTORY AND “The decision by U.S. Attorney General demonized lobby. Eric Holder comes after a new prosecution “It’s a sad day for the Walts and GOVERNMENT ADMISSION team discovered a previously undocumented Mearsheimers of the world, who believe that OF “OVERREACHING” interview on April 15, 2008, with the star AIPAC is a treasonous organization, and it’s a On Monday, prosecutors dropped the witness in the case that sharply contradicted sad day for AIPAC too, because it abandoned identity theft charges - the centerpiece of its the most dramatic testimony in the four-week the two men to the fates when it should have immigration violation allegations - against trial. The information had never been turned stood by them.” Reb Shalom Mordechai Rubashkin of over to the defense, the Justice Department With regard to the Rubashkin, the Agriprocessors (Agri). The government cited said in its motion. “Overreaching” of the prosecution in the the fact that a recent Supreme Court ruling “‘I always knew that there would be a identity theft case seems to just be the tip of determined that prosecutors who fi le identity- day when the cloud that surrounded me iceberg. theft charges must prove that the defendant would be removed,” Stevens said in a written 9,311 COUNTS OF knew that the identity used belonged to statement. “That day has fi nally come. It is CHILD LABOR FROM another person. Knowing that their case was unfortunate that an election was affected by doomed and in response to a motion fi led last proceedings now recognized as unfair. It was 25-30 ALLEGED MINOR week by Rubashkin’s lawyer, the prosecutors my great honor to serve the state of Alaska in EMPLOYEES? asked a federal judge to dismiss seven counts the United States Senate for 40 years.” On the State level, prosecutors for the of aiding and abetting aggravated identity In a written statement, Stevens’ attorneys Iowa Department of Labor (IDOL) have also theft. decried the “corrupt” conduct of attorneys and been guilty of egregiously overreaching in Defense lawyer Guy Cook hailed the the FBI in the case. “It was a bad judgment to the child labor violations case, according to request as a victory for his client and a have done so in the fi rst place,” said Brendan a motion submitted by Rubashkin’s lawyers government admission of “overreaching in Sullivan, the defense counsel for Senator last week. On September 9, 2008, a Complaint this case.” Stevens. “He’s a war hero. He served in the and Affi davit was fi led in Allamakee County SIMILAR GOVERNMENTAL Senate for 40 years, and he was the target of accusing Shalom Rubashkin and others prosecutors who wanted to enhance their own with 9,311 counts of claimed “child labor” OVERREACHING IN STEVENS reputation.” violations in Chapter 92 of the Code of Iowa. AND AIPAC CASES Two weeks ago, in another high profi le Rubashkin Attorney Monty Brown, who The Rubashkin case has not been the only case, Federal prosecutors abandoned an fi led the motion, told the Yated in a telephone

Page 44 Perfi dy in Iowa interview that the government alleges that names.” let Agri try to comply with the law. Their there were between 25 and 30 child laborers In addition, Agri has documents of clear intention was to be able to nail Agri working at Agri. numerous occasions where Agri actually with a ‘shock and awe’ indictment that would When the Yated asked how an alleged fi red employees because Agri determined in effect destroy the company. 25-30 laborers could produce a complaint that they had lied about their age and were This is exactly what happened. containing 9,311 counts of child labor under 18 years of age. That is the ‘outrageous governmental violations, he explained that the government In effect, the motion says that, “It is misconduct’ that Rubashkin lawyers are counted every day that each alleged child provable that IDOL knew specifi c names accusing the government of engaging in. worked there and multiple alleged violations or alias names in early April. When asked “The conduct is so shocking that due process each day. The motion clearly charges that the by Agripocessors to disclose the suspected values necessitate dismissal of the charges as government was using a “shock and awe” minors to assist Agripocessors in complying a matter of fundamental fairness.” tactic that was certain to illicit maximum with Chapter 92, IDOL refused. outrage. “Instead, IDOL continued with their WHO IS DAVID G. NEIL? One more interesting point that bears Those who were closely following the investigation and presumed planning of their Rubashkin saga from the outset will no own ‘raid.’ Meanwhile, human beings known scrutiny, which one person close to the case doubt remember that it was that indictment or reasonably known by IDOL to be minors called a “blood libel” against Rubashkin and of 9,311 counts of child labor violations that were permitted by the State to continue Agri, is the conduct of the Labor Commissioner caused a tremendous uproar in the press and employ with Agripocessors. The IDOL of the State of Iowa, David G. Neil. Neil in cyberspace, and, according to many, set intentionally let alleged minors go to work at claimed in immigration proceedings against into motion the ultimate bankruptcy of the Agriprocessors, which is a prohibited place one minor that at Agriprocessors, the minor company. of employment for persons under age 18. was subject to “blackmail, extortion, false The current motion, however, charges “IDOL intentionally and knowingly imprisonment, felonious assault, hostage, that the government, in its zeal to extract let minors go to work at the location that involuntary servitude, obstruction of justice, the ultimate price from Rubashkin, broke its Iowa Labor Commissioner David Neil peonage, slave trade, torture, traffi cking, own child labor laws, endangered the very later claimed, in immigration proceedings unlawful criminal restraint...” Aside from children it has sworn to protect, and was on behalf of one minor, subjected them to the fact that according to him, if Agri was guilty of outrageous government conduct, all, ‘blackmail,’ ‘extortion,’ ‘false imprisonment,’ doing all of the above, Mr. Neil himself of course, to try targeting Rubashkin in the ‘felonious assault,’ ‘hostage,’ ‘involuntary committed the gravest travesty by letting most derogatory fashion. servitude,’ ‘conspiracy,’ ‘obstruction of the minors whom he knew were working The allegations put forth in the motion justice,’ ‘peonage,’ ‘slave trade,’ ‘torture,’ there to continue working there, these highly clearly depict that a prosecutorial blood libel ‘traffi cking,’ and ‘unlawful criminal exaggerated allegations raise questions of an has been perpetrated against Rubashkin. In restraint.’ ulterior motive on Neil’s part. many ways, it makes the prosecutors in the ‘The IDOL’s investigatory conduct in this Before assuming the post of Labor above mentioned Ted Stevens and AIPAC case constitutes outrageous governmental Commissioner of Iowa, David Neil was cases look meek… misconduct that violates Defendant Shalom president of the Iowa United Auto Workers AGRI PROVES THAT Rubashkin’s due process rights. The people Community Action Council, between 1983 of this State entrust the IDOL to protect our and 1985, and a member of the UAW since IT PREVIOUSLY FIRED children. 1960. UNDERAGE EMPLOYEES WHO “It is outrageous to continue to let The Yated asked Rubashkin attorney suspected children earn $7.50 per hour in a Monty Brown if the fact that Agri was LIED ABOUT THEIR AGE…BUT packing plant while an investigation plods IDOL WITHHELD THE FACTS not a unionized company and had resisted on. Particularly, when the likely reason becoming part of a union could have had any Let us return to April 2, 2008, when the includes a plan to develop a large workforce IDOL, claiming that they had information effect on the proceedings that were initiated complaint so the State can assess more fi nes - by the Iowa Labor Commission headed by that Agri was in violation of child labor laws, money, from Agripocessors. Mr. Neil, the former union boss, Mr. Brown was given permission by Shalom Rubashkin “The IDOL willfully concealed from responded that the motion was not against to search Agri for minors, without a warrant. Agripocessors and Defendant Shalom any particular person but rather about the Employees were interviewed, but at the end Rubashkin important facts which of the process Rubashkin was not informed were detrimentally relied upon by the facts of the case. whether IDOL believed that one or more Defendants. This willful concealment placed Nevertheless, it seems that the question employees were minors. Agripocessors in a legal ‘Catch-22’ as must be asked. In light of the IDOL’s extreme In e-mail correspondence with the IDOL Agripocessors did not have the legal right to way of prosecuting the case, and in light of on April 28, Rubashkin’s lawyers said that to guess at ages or fi re employees en masse on the fact that they knowingly put the lives the best of Agri’s knowledge, there were no mere suspicion. The Iowa Civil Rights Act in of minors in jeopardy in order to present a child laborers, and they asked if IDOL had Chapter 216 prohibits discrimination on the ‘shock and awe’ complaint against Agri any information suggesting that there were basis of ‘age’. Title VII of the Civil Rights and Mr. Rubashkin, did Neil’s more than a child laborers at the plant. In the e-mail, Act prohibits ‘age’ discrimination. Title VI of decade as president of a union and more than the lawyers wrote, “We all agreed that the Civil Rights Act prohibits discrimination 40 years of holding senior union positions neither the State of Iowa, nor Agripocessors, on the basis of race and national origin. infl uence the way the Department of Labor, wants minors working in Agripocessor’s Agripocessors and Shalom Rubashkin had a under his leadership, prosecuted the case? facility. We asked for the names of those right to rely upon the lack of reported fi ndings It is not a comfortable question to ask, but employees believed to be under the age of from the search on April 2, 2008 at the plant.” in light of the many questions surrounding 18, so Agriprocessors could take appropriate There you have it. The motion says the prosecution of the Rubashkin ‘child labor’ action to terminate their employment. You that the IDOL was so determined to get its case thus far, it is a question that any person stated that you did not want to provide those 9,311-count indictment that they refused to pursuing true justice cannot afford not to ask.

Perfi dy in Iowa Page 45 July 24, 2009 Real Ahavas Yisroel

BY RABBI PINCHOS LIPCHUTZ

My column last week about the not to feed him anything other than what are in a different reality. If you want to Yerushalmi demonstrations elicited varied he received from his feeding tubes. It was stay in the Brooklyn ghetto, maybe that’s responses. It was painful to realize how only after the mother was dragged off that okay. But if you want to go out into the rest many people think so little of our chareidi they began force-feeding the child in a bid of world and get involved in real business, brethren that they believe whatever they for him to gain weight. you can’t just have the same paradigm we read which denigrates religious people. Of all the people, the mayor of had in Europe or the Middle East.” It is painful to be attacked for writing a Yerushalayim, elected because the When he stood beside liberal union sensible article laying out the facts and religious community could not organize groups seeking to unionize a Chicago defending people for trying to exercise around a candidate, found the perfect way hotel owned by religious people, he commonly held freedoms of expression to respond to the riots. He called off all said, “I remember the ads defending and assembly. garbage collection and municipal services Agriprocessors - talking about how it’s The entire Israeli media was engaged in a to the areas which the shababnikim this modern, clean factory. People were conspiracy once again to paint the religious damaged. So, not only do the parents just deluding themselves. That’s the community as a bunch of backward suffer by having such children, not only impression I have here, as well.” infi dels who are an embarrassment to does the community suffer by having Anyone who visited Agri had to be their religion. It is no wonder that the anti- fi res burning under their noses, but the impressed by the high level of cleanliness religious groups readily gobble it up, but benevolent mayor decrees that there will evidenced in the USDA inspected plant. it hurt to note that their reports were oft- be no more garbage pickup. Thankfully, That was never in doubt. Yet this rabbi repeated by religious people and believed his tactic was overturned by the courts. was able say anything with impunity, for by almost everyone. Mayor Nir Barkat also targeted he was talking about a plant owned and Since that article was published, another Americans as scapegoats, blaming them operated by old-style religious Jews. Who spate of demonstrations broke out over the for the violence, with no evidence. Of would go after him for playing up the arrest of a loving Yerushalmi mother for course, the people inclined to mock centuries-old canard that religious Jews allegedly starving her child. Without any yeshivos and yeshiva bochurim cheered are dirty and slimy? He can freely posture examination or proof, the health system, him on, without bothering to ascertain for the media and the liberals who write police and media diagnosed her as being how many bochurim, if any, were involved him up in glowing terms. mentally ill and suffering from an ailment in anti-social behavior they could not have Though he is Orthodox, he does seem which forced her to starve her sick child. learned at home or school. to have an agenda against the black-hatted In the fi fth month of pregnancy, she was Typical of the reaction to all this was Jews. It is to be expected that the secular dragged away, chained hand and foot, sent an article posted by Rabbi Asher Lopatin media would play him up. What hurts even to the jail in Ramle, which is reserved for on a secular Jewish media site, as well more is when the Orthodox media quotes the most dangerous of criminals. She was as a religious one. The Chicago rabbi, him and publishes his missives, such as held under inhumane conditions, sleeping who stood with those who castigated his recent one against Yerushalmi Yidden. on a concrete bed in a cell she shared with the Rubashkins and their Agriprocessors He writes, “Rather than rioting against an Arab woman accused of murder. Corporation which supplied much of what seems to be saving of a child’s life Is that the way a civilized country treats the United States with affordable kosher - piku’ach nefesh - didn’t you question anyone? A separate article in this week’s meat, is now advising the members of for a moment what is going on? What paper highlights the inconsistencies with Yerushalayim’s yishuv on how to handle are the names of chareidi organizations the case and presents the other side of their affairs. that protect children - and spouses - the story as documented by people in Back then, he said that “there seems from abuse? The chareidi community in Yerushalayim who, for quite some time, to be a pattern of Jews, and especially America has such organizations which have been involved with the medical issues Orthodox Jews, not knowing how to relate serve the entire Jewish community - have facing this family. There are witnesses to gentiles. We have a history of really you set up yours? I haven’t seen them who can testify that the child lay in the trying to survive as Jews and having to involved or consulted. No, instead of hospital for months with a standing order protect ourselves constantly, but now we blaming Hadassah hospital, the doctors

Page 46 Perfi dy in Iowa and the media of a conspiracy, maybe you increasing hatred of religious people and these loving lovely people go about their should begin a process of coming clean our causes. Shame on people who seek daily affairs. If, G-d forbid there should and accepting that domestic abuse occurs to divide the Jewish people, rather than be a need for another hafganah we can in all types of communities - from the bring us together. Shame on people who attend and watch how Yerushalmi yidden most religious to the most secular, Jewish are ready to denigrate and dispense self- peacefully express their pain and how they and non-Jewish. And that sometimes righteous advice to Jews who hew to an are treated by the police. And we can stay the police and the authorities have to be ancient and hallowed way of life. till the bitter end and watch how the rif- brought in to protect children and spouses. Walk down Rechov Meah Shearim and raf comes and destroys the place. And then That would be the appropriate response, observe the Reb Arelach, as the Toldos we can review together what we have seen one that would be a kiddush Hashem, Aharon chasidim are affectionately and determine whether a re-evaluation is which would win the respect of Jews and referred to, as they go about their daily in order. non-Jews for Torah and for Judaism.” lives. They are the most unpretentious and As we enter the month of Av, it would Rabbi Lopatin continues: humble of people. All they ask for is to be behoove us to seek to bring Jews together “My brothers and sisters in the chareidi left alone so they can serve Hashem. They and create a kiddush Hashem wherever community: G-d’s name is not sanctifi ed don’t seek material pleasure and always and whenever possible. Though the by you showing how much political muscle seem to be so happy. Their children are response to my column last week on the you have to close parking lots, to maintain picturesque epitomes of simple beauty Shabbos demonstrations hasn’t been what the ‘status quo,’ or to show that you can and chein. They obey all laws and exhibit we expected, neither has the outpouring do whatever you like to your kids without no anti-social behavior. To accuse them of of support we have been receiving for our the authorities intervening: that’s not the being rioting baby killers is nothing short campaigns on behalf of two chassidishe way to sanctify G-d’s name, or even your of a modern-day blood libel and lynching. Yidden, Shalom Mordechai Rubashkin of name. The way to kiddush Hashem is for I invite Lopatin and the rabbi who Postville, Iowa, and Ben Tzion Oiring of all of us to place G-d and G-d’s kindness wrote in The Jerusalem Post to join me for Yerushalayim ihr hakodesh. Good Jews above our own agendas, and to show that a visit to Meah Shearim. Let’s go visit the were touched when reading about their we are willing to sacrifi ce even your own stores and places of business of the Reb fi nancial situations and wrote out checks serenity on Shabbat, our own control over Aralach – yes they do work – and see how for people they don’t know. That is real our families, in order to protect the weak they conduct themselves. Let’s visit their ahavas Yisroel of the type that is mekareiv and make G-d’s name something beautiful homes and see how they live. Let’s follow the geulah. Ahavas Yisroel doesn’t mean and desirable, not something which people them to the Beis Medrash and observe writing articles in the Jewish Journal, cannot run away from fast enough.” them davening and learning. We’ll go to Jerusalem Post, or on various websites Without bothering to fi nd out what the rebbe and you can ask him all your and blogs slamming frum yidden. Ahavas the facts are, much as was the case in his questions. We’ll visit Ben Zion Oiring Yisroel means to give a Torah Jew the campaign against Rubashkin, Lopatin and watch a one-man chesed operation in benefi t of the doubt and to examine the bought the media story, lock stock and action. We’ll talk to Uri Zohar and hear story before rushing to judgment and barrel. And why not? After all, it is those what he has to say. We will pay a visit engaging in the castigation of good people same backward, insular people who have to Rav Dovid Soloveitchik and you can who are under attack. no concept of law, order and hygiene. ask him why he publicly referred to the May we merit welcoming Eliyahu He didn’t speak to anyone who was at the sorry story as a blood libel. We can just Hanovi in enough time to declare Tisha so-called riot, because if he had, he would stand at Kikar Shabbos and watch how B’Av a Yom Tov. have found out that thousands of religious Jews congregating to protest the treatment of one of their own does not constitute a riot. He didn’t speak to any spokesmen for the Toldos Aharon chassidim. Had he, he would have heard their categorical denouncement of any violence. He would have found out that the protests were peaceful. He would have discovered that troublemakers, known as shababnikim, were responsible for the burning of trash bins and creating other mayhem after the masses of protesters had gone home. Shame on him and shame on those like him who accept as fact whatever they read in condemnation of religious Jews, and anyone else for that matter. Shame on him and those like him who post such drivel and contribute to the

Perfi dy in Iowa Page 47 August 14, 2009 The FBI Unmasked

Hints of Dreyfus

BY DEBBIE MAIMON

Allegations of anti-Semitism surfaced Not long afterward, the two were arrested and the defense department at the time. Many, like recently about a 2004 FBI sting that entrapped indicted for conspiracy. Wolfowitz and Feith, were associated with two Jewish members of AIPAC (American The arrests astounded the political and the “neoconservative” faction in the Bush Israel Public Affairs Committee) in espionage- journalism community in Washington. In administration that supported close U.S. ties related charges. singling out the two AIPAC staffers and with Israel. Stereotypes about Jewish power The allegations raised fresh concerns about prosecuting them for information-sharing mushroomed in the aftermath of the Iraq the FBI’s true motives in the case which, to that is routine between lobbyists, government invasion, giving rise to conspiracy theories the government’s embarrassment, collapsed offi cials and reporters, the FBI clearly seemed about excessive Jewish infl uence over after four years of pre-trial maneuvers due to to be trying to strike a blow at AIPAC. President Bush and U.S. foreign policy. lack of evidence. The men were fi red from their jobs, and These theories infected the State Because the FBI operation invoked an endured four years of exhausting litigation Department, a branch of government that archaic law to indict the men, attempting to leading up to their trial. Then, following a has traditionally been pro-Arab and has crimin-alize activities that are acceptable and relentless pre-trial battle, involving dozens of manifested hostility to Israel. Some point to routine for lobbyists, the Bureau’s actions hearings, depositions, rulings and appeals, the the near-obsession on the part of numerous invite suspicion that its real aim in the bizarre Justice Department came to the conclusion State Department offi cials with the notion that sting was to curb the infl uential pro-Israel that despite all its efforts, it was not going American Jews hold “dual loyalties.” lobby, AIPAC. to win a guilty verdict. With just 30 days to “The anti-Zionist concept [pervading parts By falsely discrediting some of its most go before the trial began, the government of this department],” writes the Washington prominent members, many now think the FBI dropped the charges. Post, “holds that Israeli objectives run contrary was really seeking to weaken and discredit the By then, the ten-year investigation to U.S. national interests; that many American entire organization. and prosecution case, costing the federal Jews, including those in senior policymaking The allegations of anti-Semitism were made government millions of dollars, had positions, suffer from divided loyalties; and by former Pentagon analyst Larry Franklin, destroyed the reputations and livelihoods of that pro-Israel political infl uence holds sway an expert on Iranian affairs. Franklin, who is two innocent men. As the reaction to Larry over U.S. government decisions.” not Jewish, served as a key player in an FBI Franklin’s testimony suggests, the affair has Franklin was apparently sent out by his operation that targeted AIPAC members Steve also prompted suspicion of religious bias and FBI handlers to tempt Jews, the article notes. Rosen and Keith Weissman. an abuse of power in the top echelons of the “He tried Adam Ciralsky at CBS News, who Last week, Franklin broke a silence of FBI. had once sued the CIA for anti-Semitism, many years, telling the Washington Times that “FRANKLIN WAS SENT and Richard Perle, who was on his way anti-Semitism tainted the entire affair and may to vacation in France, as well as Pentagon have been an “incitement in the investigation.” TO TEMPT JEWS” Franklin’s claims of an anti-Semitic agenda employees who had done nothing more than DANGLING THE LIVES driving the FBI’s campaign against AIPAC work with Franklin. All turned down the offer OF JEWS AS BAIT were backed by Rosen in the Jerusalem Post. of classifi ed information.” As an FBI “cooperating witness,” Franklin “Within the counterintelligence bureaucracy He then went to work on the AIPAC was wired with FBI recording devices during of the United States government, there is a lobbyists, using tastier bait - the prospect of staged meetings with Rosen and Weissman virulent ideology about Israel and Jews,” he saving Jewish lives - and here he succeeded. that were aimed at trapping them with said. “These guys believe there’s a Jewish Using ‘Dead Laws’ To Prosecute irresistible bait: he told them that Israelis in cabal, a Jewish conspiracy.” The Justice Department prosecutors Iraq were being targeted for assassination by Rosen said that some insiders feel that the decided to indict Rosen and Weissman under Iran, and begged them to help. FBI’s real target was not Franklin, but his the Espionage Act, a law which has never Rosen and Weissman fell into the trap. superiors, Deputy Defense Secretary Paul previously been invoked. As Harvard Law Hoping to save lives, the men hurried with the Wolfowitz and Undersecretary of Defense for Professor Alan Dershowitz notes, it is not classifi ed information to an Israeli embassy Policy Douglas Feith, outspoken advocates even clear if the statute, so long ignored, offi cial and to the Washington Post. They also for Israel. actually remains law! In his words, “It is a tried to alert the National Security Council. Several Jews held prominent positions in well-established norm in the U.S. that when a

Page 48 Perfi dy in Iowa law is not enforced for many years, it ceases to government pressure, intimidated AIPAC against Shalom Rubashkin of Agriprocessors be considered law.” leaders fi red the two lobbyists, cut off their are 19 counts of failing to keep this 88-year- The reach of this law, which dates from legal fees at times and distanced themselves, old law’s ambiguous, outdated provisions. the World War I era, has never been clear. By and their allies on the Hill, from even verbal Although the Packers and Stockyards Act its terms, it would seem to require every U.S. support. calls for the prosecution of all employees at citizen to protect the government’s secrets AIPAC also made it diffi cult for others the meatpacking plant who were directly - a principle completely at odds with the within the Jewish community to employ or indirectly responsible for the delayed American system of full disclosure and public Rosen and Weissman. Thus, for more than payments, prosecutors invoked the law against debate. fi ve years from indictment to the dropping Rubashkin exclusively. The decision to prosecute Franklin, of charges, their lives were on hold, their An indictment singling out one individual Rosen and Weissman under the articles of resources depleted and fi nancial survival for actions for which everyone else gets a pass the Espionage Act, says Dershowitz, was imperiled. They were sidelined and virtually is discriminatory and should be dismissed, “selective prosecution” at its worst. “If every silenced. Only belatedly did some Jewish Rubashkin’s attorneys argued. administration offi cial who did what Franklin offi cials speak out in their defense. The lawyers have petitioned the judge in the did were prosecuted as he has been, there AMCHA was the only Jewish group that case to dismiss the charges, calling the Packers would be more government offi cials in prison fi led an amicus, or friend-of-the-court, brief in and Stockyards Act “defective” and the than at the State Department, the Defense the case. The 2007 submission, in response to draconian penalty of six months imprisonment Department or the White House,” he argued. a government request that the trial be closed to “cruel and unusual punishment.” DOUBLE-CROSSED the public, compared the case to the Dreyfus Supreme Court: “Identity Theft Charges Franklin ended up being double-crossed affair, and insisted that the men were entitled Misapplied” by the FBI, who had him arrested for spying to an open trial. In light of a U.S. Supreme Court ruling for Israel. He ended up admitting in a plea AIPAC and the American Jewish “that one of the most widespread charges bargain to breaking the law by passing community as a whole were not the only ones against plant employees, aggravated identity classifi ed information to outside parties, and who abandoning two of their own, whose theft, was wrongfully applied,” some have was sentenced to 12 years in prison. To win a only crime was caring enough about Jewish begun to question the accuracy and honesty of reduced sentence, he agreed to cooperate in the lives to overstep the bounds of convention. the charges against Rubashkin. FBI operation against Rosen and Weissman. The government of Israel refused to cooperate This Supreme Court ruling was cited in Rosen charged that Franklin was railroaded with the defense in any way. newly released book that examines how into pleading guilty and playing along with the A good part of the government’s case Postville, Iowa, home of Agriprocessors, has FBI by threats to harm his family by cutting revolved around charges that Rosen and all but collapsed in the wake of last year’s off his pension. In an interview with the Weissman shared classifi ed information massive raid by immigration authorities. The Jerusalem Post, he said federal prosecutors with Israeli government offi cials. Being able book, “Postville, USA,” questions the legality used the same type of tactics against him. to prove that Israeli offi cials already had of the raid and the methods used to extract “The [FBI] wanted to destroy me,” he said. learned of the information directly from their plea bargains from hundreds of illegal aliens. “They forced AIPAC to fi re me. They forced own contacts with U.S. offi cials, or that they Authors Mark Grey and Michelle AIPAC to cut off my attorneys’ fees,” he themselves had been the original source of the Devlin paint an incriminating picture of said. “They tried to isolate me, to put me in information, was critical to the defense. the government’s immigration arm, which a situation of desperation where I would have Yet, according to attorneys for Rosen and conducted the raid, as well as the federal court to plead guilty to something I did not do. This Weissman, request after request to the Israeli that cooperated with it. “They railroaded happens all the time.” Embassy in Washington and to offi cials in nearly 300 illegal aliens into plea bargains “After years and millions of dollars spent Israel were denied. They would not agree to which the authors believe were obtained investigating the nefarious ‘Israel Lobby,’ an interview, even in Israel; they would not under false pretenses,” JTA wrote. the case produced no stolen secrets, no agree to an exchange of information, even Although Rubashkin’s trial is not scheduled money changing hands, no covert meetings, through attorneys. They refused to help in any to begin until September, in the courtroom of no high-level, dual-loyal offi cials, no harm way. public opinion, many have already convicted to the national interest and no spies. Pardon PARALLELS WITH THE him. The media onslaught, taking its cue me, but where’s the corned beef?” wrote the RUBASHKIN CASE from the government’s relentless pre-trial Washington Post. If an inside view of the AIPAC affair lifts the maneuvers, has infl uenced a good portion of Notwithstanding the collapse of the case veil on an anti-Semitic mindset driving some the American Jewish community. and the indications of an abuse of power quarters of the State and Justice Departments, Perhaps American Jews, instead of behind the entire affair, Rosen warned that it also throws a spotlight on a number of marching in lock-step with the steady other offi cials in Jewish organizations may disturbing parallels in the government’s case drumbeat of media assault, should heed some become targets for similar charges. “They still against Shalom Rubashkin. of the lessons of the AIPAC affair that pertain believe there are Jewish spies under every As in the AIPAC affair, prosecutors in the to American Jewry and its tendency to leave a bed,” he said.ottom of Form Rubashkin case have invoked an arcane law soldier alone on the battlefi eld. RUNNING FOR COVER to prosecute the defendant, ignoring the fact “Whether it realizes it or not, American The response of the Jewish community to that this law is not only outmoded, but vague, Jewry today hovers near a precipice,” writes the prosecution of the two AIPAC lobbyists, undefi ned and never before applied. Caroline Glick in Jerusalem Post. “It can specifi cally in the case of AIPAC itself, was The law in question is the 1921 Packers and force its way back onto stable ground, or it to run for cover. Stockyards Act that requires meatpackers to can fall. The basic question it faces is whether AIPAC did not immediately dismiss make “prompt” payment to livestock owners, Jews in America have found a permanent, the two men, but initially used the charges or suffer a penalty of six months imprisonment stable home in America where they are free to against them as a fundraising opportunity, along with a massive fi ne. be Jewish, or whether they will begin to act as raising a record $45 million.ºBut soon, under Included in the 169-count indictment though they are guests in their own country.”

Perfi dy in Iowa Page 49 September 11, 2009 What If?

BY RABBI PINCHOS LIPSCHUTZ

The driver who took us from self-infl icted. We hear a good story, and their salaries. Postville back to the Minneapolis we jump to quick conclusions without But as the only media outlet to airport for the fl ight home summed it bothering to ascertain the truth, and constantly take up the cause of reporting all up. As we were approaching our in the process we destroy people, what was really transpiring in that destination after a three-hour drive families, careers, and much else. plant and in the town of Postville, our through the darkened cornfi elds in the It’s not a secret to Yated readers efforts, regrettably, were not enough to wee hours of the morning, Jonathan that we are haunted by what happened turn the tide and convince the masses Saphira turned around and said to me, to Agriprocessors and to Shalom of the truth. “I must tell you something. Last year, Mordechai Rubashkin. I have read People who should have known when you came to visit after ‘the raid’ the malicious book about the Postville better didn’t. People who are enjoined and I drove you from the Minneapolis experience and the reports of the not to accept lashon hara and hotzo’as airport to Postville, it was a life-altering disgusting manner in which the workers sheim rah did. People who should experience for me.” there were treated. I read the articles have given their brethren the benefi t I was worried that I had done painting the company managers as of the doubt didn’t. People who should something wrong. I listened with rapt modern-day shylocks trading in human have perceived that the real target was attention as our driver, a resident of misery and making their living off of shechitah, and should have raised a Rochester, Minnesota, and a translator the virtual enslavement of a servant hue and a cry, didn’t. Thus, the lynch who worked with Hispanic Agri class of workers. They were rolling in mobs were able to vilify and destroy workers before the raid, continued. money like typical evil capitalists, the the reputation of a family renowned “You see, I don’t know if you articles claimed, enjoying the fruits of for its charity and care of the less- remember, but you were in the car with the labor of the illiterate, the unskilled, fortunate. another rabbi. I had thought that I knew and the proletariat, whom they ruled A dream of the highest standards everything about Agriprocessors and over. of kashrus coupled with the highest the Rubashkins and that I didn’t have The facts as I saw them with my quality of USDA inspected meat was to pay attention to the media reports. own eyes on my visit to the plant last allowed to turn into a nightmare, and But then I heard how that rabbi was year were so obviously contrary to the few who could have made a difference speaking and how you were arguing media portrayals that I didn’t have to can say, “Yodeinu lo shofchu es hadom with him in vain, and I realized for the be a conspiracy theorist to sense that hazeh.” fi rst time the power of the media and something deep and sinister was at We didn’t care. It was just another how their unsubstantiated allegations work. news tidbit for us to talk about. It was took root and gained acceptance. Even The plant was ultra-modern, fodder for conversation, and we didn’t religious Jews and people like that ultra-clean, ultra-effi cient, and so fathom the human toll and cost it rabbi fell for what they were writing far removed from the jungles of would take. and that added to the pressure. I am Chicago and Upton Sinclair that it When I saw how wide the gap was sure that if religious Jews had fought was inconceivable how any objective between the facts and the reports, I back, the government never would person could confuse the two. The adopted the cause. I had never met have been able to proceed based on the workers, both home-grown Americans Shalom Mordechai Rubashkin. We anonymous, unfounded allegations I and those from Spanish-speaking became close over the year of his knew were wrong, and we wouldn’t be countries to our south, smiled as they travails by speaking on the phone and where we are today.” went about their work and, when we through emails and text messages, and Jonathan couldn’t have expressed spoke to them, had only positive things then he decided that it was time we it better. So many of our problems are to say about their jobs, their bosses, met.

Page 50 Perfi dy in Iowa My wife and I spent this past melava malka. We experienced real, one family under attack, but all of us Shabbos in Postville, Iowa. We took off living Yiddishkeit in the cornfi elds of and our families have become fair to the Shabbos of Chizuk for Shalom Iowa. It was such a lovely experience game for those who have been battling Mordechai with great trepidation, not to spend Shabbos with so many nice, our existence ever since the days of knowing what to expect, but it turned normal, friendly people. Mendelsohn, Graetz, Achad Ha’am, out that we had nothing to fear, and we • • • • • Solomon Schechter and all the rest. learned quite a lot over the day and a This week’s parsha opens with the They raise allegations and reinforce half that we were there. posuk, “Atem nitzovim hayom kulchem them with age-old stereotypes, neither Imagine living in a place three hours - You are standing today, all of you…” proving nor substantiating their from anywhere where you can buy a The Medrash Tanchumah states that charges, and then they convict the house on a decent piece of property we can only be Nitzavim and merit religious Jew of living an antiquated for $25,000. Imagine living in a town the light of Hashem when we are way of life which leads to anti-social where there is no crime and everyone united b’agudah achas. Additionally, behavior. keeps their doors unlocked day and the Medrash says, the Jewish people We are vilifi ed daily in the media and night. There are no hills, the earth will not be redeemed until they are painted as extremist, backward weirdos is as fl at as can be, and when you united together b’aguda achas.” If we who must be combated and put into look around, all you see are fi elds of want to merit the geulah; if we are to our rightful places. We ignore it and let green for miles around you. You are succeed in golus, we have to be all it fester. While a religious Jew used to enveloped by a calming silence and together. We have to see past the hype, be treated with a measure of respect, fresh fragrant air wherever you go. past the headlines, past our own daled today we are barely tolerated and are Very rarely does a car come by, and amos, and we have to give people with looked at with contempt wherever when it does, it is moving at about 15 reputations as ehrliche Yidden the we go. The lie gains traction if it isn’t mph. benefi t of the doubt. batted down and has the potential The tiny sliver of a town has a shul, When an unholy alliance is of eventually becoming universally a yeshiva, a cheder, a mikvah, and a comprised of conservative rabbis, the accepted as the truth. kosher, fully-stocked grocery store. liberal media and unions who have Not only gentiles and secular Jews, Everybody davens in the same shul contributed to the losses of millions of but even we, the Torah observant which, if you didn’t know better, could American jobs, we ought to know that community, begin viewing our co- be confused for a chassidishe shteibel they are up to no good and we should religionists with added degrees of in Boro Park or Yerushalayim. As be prepared to engage them and defend suspicion and cynicism. After all, you walk out of davening, you hear our way of life before they destroy it. the media has proven that frum Jews the people speaking to each other in a When people who don’t believe in are dishonest schemers who can’t be dialect composed of Yiddish, English the divinity of the Torah, nor observe trusted, we are repeatedly told. Not and Hebrew in a way that you can’t the laws of kashrus and Shabbos, only that, but these Orthodox Jews are tell who is from here and who is from discover new mitzvos, such as declaring also dirty, unkempt, vile Neanderthals Israel. They all sound alike and get that when employees are improperly whom one should do his very best to along so well with each other. treated the products they produce avoid. They say we are anti-social, As strange as it sounds, some become unfi t for Jewish consumption, refer to cops as Nazis, walk around people live here and commute to their alarm bells ought to go off. We should with hatchets with which to kill hapless jobs in other states, coming home realize that not only is one factory and Arabs we fi nd in our midst, defend for Shabbos. One shochet I spoke baby killers, and our rabbis moonlight to is a Klausenberger chossid from as money-launderers. Yerushalayim. From his mother’s side, An acknowledged baal chesed, baal he hails from the Vilna Gaon. His tzedaka, decent, honorable person is great-great-great-grandmother arrived about to stand trial for his life. Who in Eretz Yisroel with the fi rst organized would have believed that the beautiful aliyah shortly after the passing of the experiment in kosher production Gaon. He went to Postville to shecht and establishment of an entire town for Agri and now commutes to the around it, would end this way? Who shechitah in Kansas. He loves it in could have dreamed that the person Postville. What is there not to like? He who devised the most modern system says this is the best place to bring up of kosher shechitah, processing and children, so far from the vagaries of distribution would be preparing to city life and incipit infl uences. stand trial, being accused of running a In addition to spending a Shabbos decrepit operation, without the money in the company of people we had just to defend himself? met but who felt like family, on Friday When you see that ad which we night there was a shalom zachor, and run here in the Yated every week for on Motzoei Shabbos there was a festive the Pidyon Shvuyim Fund, think to

Perfi dy in Iowa Page 51 yourself that this is not just an effort to with their lives. Why was the Agri head, he and his ilk get a free pass. help one person. It is an undertaking to experience so different? Why weren’t Yet we accept that double standard defend our right to practice our religion they taken up on their offer to fi re and take it for granted. Many times, we responsibly without people casting anyone who the government felt don’t even realize it is taking place. stones at us and depicting us as frauds, shouldn’t be working in the plant? • • • • • as has been the pattern throughout our Also last week, former Israeli Prime The shul in Postville is named history in exile. Minister Ehud Olmert was indicted Achdus Yisroel and that is exactly We will keep this story alive until for robbing charities as well as the what it is. It is a place that draws all it reaches its conclusion and will Israeli taxpayer. There was no hand- types of Jews, who speak a collection continue to report the truth so that wringing from the same people who of languages and hail from various perhaps, one day, when people look have castigated our education system parts of the globe. They all get along. back at this sorry episode and wonder and entire way of life because of some A spirit of calmness pervades the shul what really happened, there will be a unproven allegations splashed around where everyone knows everyone else, record for those who really care about in the press. The news was reported each person feels at home, and all the truth. and that was it. No one dared call the attendees get along magnifi cently. As we have done in the past, we will Zionist system into question. No one I couldn’t help but think of the continue to try our very best to defend spoke of Olmert’s heritage as a prince Chazal which states that when Jews ehrliche Yidden, without respect to of the Likud party and a scion of a are b’achdus and together, they can their affi liation, dress, or mother storied Zionist party. No one called on stand up to any enemy, except those country. No frum Jew should ever the state to learn lessons and adopt a who we ourselves empower. But the again be considered fair game. moral code for all to follow. The people thought that this idyllic little town When religious Jews are selected for who are quick to tar all religious Jews of Torah in the middle of nowhere in prosecution for engaging in standard at the slightest hint of scandal were not Postville, Iowa, may be headed for industry practice, we must stand beside heard from when the embarrassment Ghostville hung over the place. Despite them and fi ght the biased racial and of the indictment of the head of the all the smiles and the cheerfulness, and religious profi ling. Jewish state spread across the globe. the pervasive simcha and bitachon Just last week, American Apparel Just imagine what would have apparent there, nobody knows what the Company worked out a deal with happened if Olmert had been loyal next year will bring. This is because it is the government and laid off 1,500 to his Jewish religion and been a yid not only our external, eternal enemies immigrant workers whom the with a beard and payos. Imagine the who have been empowered to destroy government determined to be working commotion. Imagine the demagoguery this place of transplanted kedushah illegally. The factory wasn’t subject to and oratory that would have been let by themselves, but the fact that they a raid and the workers and managers loose on religious Jewry. We wouldn’t have been aided and abetted by wolves weren’t led away to jail in shackles. A have had where to hide. But since this in sheep’s clothing disguised as do- gentlemanly, professional agreement corrupt decrepit leader is a consumer gooders concerned with the ethical was negotiated and everyone got on of treif and walks around with a bare treatment of animals and the people who process them. As we approach the Yom Hadin and seek zechuyos for ourselves, let us daven for the success of the good Yidden of Postville and all the others in economic distress across the country, and resolve to improve in the middah of kol Yisroel areivim zeh bazeh in every aspect of our communal and Jewish lives. Ish lereyeihu ya’azoru ule’achiv yomar chazak. When what divides us is external and minor, we have to ignore those differences and be able to support each other and come together as one nation for our eternal benefi t. Let it not be said of us in the coming year that we remained apathetic and didn’t rise up when the occasion demanded it. Let it not be said that we didn’t fi ght for the truth and help it emerge from the dark clouds of golus and treachery.

Page 52 Perfi dy in Iowa October 16, 2009 Rubashkin Trial Underway

Prayers Continue for Shalom Mordechai ben Rivka

BY DEBBIE MAIMON & AVI YISHAI

The fi rst of two trials of Reb Shalom man in unparalleled and unprecedented used before in a criminal case. Mordechai Rubashkin, former manager fashion. “This is the fi rst time in my life that of Postville’s kosher meat plant, began Reb Shalom Mordechai has prepared I’ve heard of that,” said Chris Kelley, Tuesday at 9 a.m. A group of Jews for the trial “intensely, but also with the a University of Arkansas law school traveled from New York to Sioux Falls, peace of mind of a man who knows he professor. South Dakota, to show support. will be, G-d willing, fully exonerated,” Prosecutors also have revised their The group chartered a bus in order Getzel Rubashkin said. charges against Reb Shalom Mordechai to accommodate those who want to The trial comes more than a year after seven times, which defense lawyers and demonstrate support for a man who for federal agents raided AgriProcessors and legal experts say is unprecedented. countless years gave selfl essly to the arrested 389 illegal immigrants during an “Anyone who ‘knows’ my father from greater frum community and whose infamous raid of the slaughterhouse. Reb media reports does not know him at all,” chesed activities were always carried Shalom Mordechai, who has pleaded not Getzel Rubashkin told the Des Moines out without fanfare and with few people guilty, has steadfastly maintained his Register. “The character portrayed was being aware of them. Members of the innocence and hopes to be able to prove created out of whole cloth, as anyone group told us that Reb Shalom Mordechai that in the trial. who knows my father immediately is “extremely calm and confi dent, and Agriprocessors fi led for Chapter 11 recognizes. … My father is a kind man, fi lled with tremendous bitachon.” bankruptcy protection in November 2008. dedicated to helping others, be it in “It is truly amazing,” Getzel The plant was sold to SHF Industries, a the sphere of family, community (both Rubashkin, a son of Reb Shalom new Iowa company headed by Montreal Jewish and non-Jewish) or beyond.” Mordechai, said. “My father continues businessman Hershey Friedman. ANATOMY OF A CASE to instill chizuk in all of us, when logic Defense lawyer Guy Cook of Des Jury selection began Tuesday and would suggest that the opposite should Moines has said that his client denies all we can only pray that a fair trial be true. He is a true boteach baHashem.” of the charges. and constitutional rights remain the Eliezer Pinson was one of those who The judge has placed a gag order benchmarks of justice in courts of law in made the long trip to the South Dakota on the legal team, preventing them for this country. However, in a case already courthouse. “Everyone who knows him, speaking outside of the courtroom. scarred with inequity, one can’t be faulted knows him as a great man,” said Eliezer. The fraud and immigration trials were for being deeply worried about justice’s “People look up to him. He has always slated to take place in Cedar Rapids in the chances in this case. made time for everyone.” state of Iowa, where the plant is located, The recent federal audit of clothing Shalom Mordechai’s legal team will but U.S. District Judge Linda Reade company American Apparel, which led work to prove his innocence in the face moved the trial to Sioux Falls because to the discovery of almost 2,000 illegal of the charges which have been leveled she determined that pretrial publicity so immigrants on the company payroll, against him. tainted the jury pool that the trial had to highlighted some of these inequities. “This case has presented an be moved out of state. It raised troubling questions about the opportunity to many Yidden to help Some of the charges against Reb government’s 2008 immigration raid Shalom Mordechai in a physical way and Shalom Mordechai are unusual for a on AgriProcessors and the current demonstrate support to the world, which federal criminal case, legal scholars have prosecution of Reb Shalom Mordechai. will be carefully watching this trial,” said said. Prosecutors allege that Reb Shalom The two cases bear a number of one of the members of the group that Mordechai violated a 2002 order by the similarities. A signifi cant percentage traveled to South Dakota. U.S. secretary of agriculture to pay cattle of the workforce in both companies Reb Shalom Mordechai will face providers within 24 hours of a sale. The consisted of immigrants who were 163 charges in two trials which could charge stems from a 1921 law, the U.S. discovered to be in the country effectively send him to prison for the rest Packers and Stockyards Act. The law illegally. Many of them were using of his life - a shocking reality in a case requires “prompt payment” to protect fake social security numbers, as well of the Federal government railroading a livestock producers, but has never been as fraudulent identifi cation documents.

Perfi dy in Iowa Page 53 The investigation in both cases was devastating impact on the immigrants under investigation. carried out by ICE (Immigration themselves. Yet the government’s The prosecution has lined up many Customs Enforcement), a branch of the relative leniency in the case, in contrast witnesses who they say fall into this Department of Homeland Security, in to the extreme harshness meted out in category. Jailed at the time of the raid, conjunction with the FBI. Postville, and the rush to prosecute Reb these individuals earned credit toward a U Here is where the similarities end. Shalom Mordechai Rubashkin, suggests visa by giving testimony about allegedly In the case of AgriProcessors, ICE’s an excessive zeal driving the prosecution “unsafe work conditions” and other sensational raid corralled nearly 400 in the latter case. infractions of the law at AgriProcessors. illegal immigrants, most of whom The 91-count indictment itself seems Other witnesses for the prosecution, were jailed and subsequently deported. pumped up. Revised an unprecedented who are anxious to join their deported The government’s weighty indictment number of times, it contains a host of families but are being held in the country against the meat-packing plant and its charges stemming from the Packers and pending the Rubashkin trial, have been owners led to the company’s collapse Stockyard Act, an outmoded law that led to expect permission to leave the and bankruptcy. mandates jail time and stiff penalties for country as a reward for their cooperation. SHOCK AND AWE? company offi cials who fail to punctually The Rubashkin defense team has In view of the spectacular operation pay cattle breeders for livestock. asked the court to bar the testimony of against AgriProcessors, with hundreds The defense team notes in court all witnesses whose lives and future hang of ICE and FBI offi cers, backed up by papers that, as mentioned above, the law uncertainly on the amount of cooperation helicopters, descending on the plant and has never been invoked or enforced; for they give the prosecution. “The pressure handcuffi ng and shackling hundreds of all intents and purposes, it is irrelevant. to tell the prosecution’s version of the employees, one might have expected a Yet, that hasn’t stopped prosecutors from truth” is too powerful to resist, the similar show of “shock and awe” in the digging it up to use in the indictment attorneys pointed out. American Apparel case. against the defendant. In addition, fear of the legal Yet nothing of the sort happened. The Other indications of an overzealous consequences of deviating from government limited itself to an audit, prosecution emerged after numerous statements they gave to the grand jury carried out quietly and respectfully. charges were dropped from the has the effect of virtually “locking in” American Apparel’s management was indictment when it became apparent that witness testimony - even under expert notifi ed of the results, namely, that 1,800 they wouldn’t stick. In the most striking cross-examination. hundred employees were undocumented case, all charges related to identify theft ICE WON’T have been dropped, following a Supreme immigrants, ineligible for employment DIVULGE DOCUMENTS in the United States. Despite media Court ruling that the charges were “misapplied.” Perhaps the most troubling of all the predictions of arrests, deportations or questions surrounding this case is the indictments, no federal action against In addition, close to two hundred charges of employing underage workers refusal on the part of ICE authorities to the immigrants or their employers took release information regarding the 2008 place. were recently dropped, after Reb Shalom Mordechai’s attorneys produced evidence raid on AgriProcessors, in response to Even dire warnings that the company defense attorneys’ repeated requests. would be hit with massive penalties that the so-called “minors” were actually eighteen years of age or older. The refusal constitutes non-compliance turned out to be false. with the Freedom of Information Act The Associated Press reported that WITNESSES WITH A (FOIA). Peter Schey, an attorney working with HISTORY OF LYING Reb Shalom Mordechai has sued American Apparel on the audit, “said The prosecution’s insistence on ICE in an effort to gain access to the the results showed no wrongdoing by using witnesses with a history of lying documents deemed crucial to his case. the clothing manufacturer. He said the to offi cials invites scrutiny, as well. The lawsuit notes that he fi rst fi led a government initially said it intended These include illegal immigrants who FOIA request in February. After three to impose a fi ne, but withdrew after admittedly lied to get into the country follow-up letters in July and August by correspondence with the company.” and lied again to obtain jobs; their history Reb Shalom Mordechai’s attorney, ICE That correspondence included the of lying and doctoring the facts should still hasn’t complied with the request company’s assurance that it had no disqualify them from testifying in court, for documents on why the raid was knowledge of fraudulent documentation defense attorneys argued. conducted, who or what prompted it, and in connection with any of their employees. Damaging their credibility even “any and all information related to it.” Company spokesmen also noted that further are the circumstances in which What lies behind the stone-walling there was no way to ascertain whether many of these individuals were recruited on the part of ICE? Is it the result of the identifi cation presented by workers as prosecution witnesses. These bureaucratic error or something more in their applications was authentic. circumstances include having powerful sinister? American Apparel immediately incentives, such as U visas, dangled “Shalom Rubashkin is entitled to a pledged to terminate the employment before them. fair trial. That‘s his constitutional right,” of the 1,800 workers deemed The U visa is a means of obtaining the attorney Cook stressed in court during a “unauthorized” or of “uncertain status.” much-coveted “Green Card.” It is granted pre-trial hearing. But in a case so stained Those measures seem to have satisfi ed to immigrants as a means of encouraging with unfairness and inequity, in which a the government. them to cooperate in the investigation or government agency appears to fl out the RUSH TO PROSECUTE prosecution of a crime, without fear of FOIA with impunity, one can only hope The dismissal of so many hundreds being deported once their illegal status is that “a fair trial” and “constitutional of workers was undoubtedly a blow to discovered. The immigrant must qualify rights” have not been rendered empty the clothing company, not to mention its as having been victimized by the crime clichés.

Page 54 Perfi dy in Iowa October 23, 2009 Rubashkin On Trial Week One

BY AVI YISHAI AND STAFF REPORTERS

The following is a brief roundup of the questions, and then the defense asked A buss full of Yidden from New York Rubashkin trial which is being held in questions. Basically, they were trying to travelled to Sioux Falls for the opening of Sioux Falls, South Dakota. The report is fi nd people who would say things that the trial to express public support to Shalom based on information from a reporter for would disqualify them. Then they had the Mordechai and give him chizuk. Others Matzav.com covering the trial at the US veto phase during which the jurors went also arrived. District Court on S. Phillips Avenue off of out of the room, and the defense got to “The court was fi lled with family, press West 12th Street in Sioux Falls. veto two while the prosecution got to veto and others,” the Matzav.com reporter The trial is being held in Sioux Falls two, and then the defense got to veto two shared. “About three or four dozen people after the federal judge in Iowa, U.S. again while the prosecution got to veto watched the jury selection on a screen in District Judge Linda Reade, became two, etc. the spillover room in the courthouse. convinced that the Iowa jury pool had ”Note that these were regular people “We ended at about ten minutes to 5 been tainted by media coverage of the who got letters in the mail stating that with the jury selection. The jurors were case. they are up for jury duty. Most of them called back into courtroom and the The trial is expected to last four to probably did not know what kind of case judge swore them in as a jury. She also six weeks. Reb Shalom Mordechai they might be called for upon arriving at instructed them about who they are and Rubashkin faces 1995 years in jail if the court to fulfi ll their civic duty. aren’t permitted to talk to during the found guilty of the charges he is facing. “Judge Linda Reade fi rst asked if duration of the case. The judge said she They will be brought in two trials. The anyone has any personal hardships that wouldn’t be quarantining or sequestering fi rst will consist of 91 charges relating to would excuse them from the case. She them, but that all communication has to bank fraud. The second trial will focus on then asked if they had read any media be guarded and no info about the case 72 immigration-related charges and will coverage leading up to the case. Four may be heard, read or discussed with begin one week after the fi rst trial ends. people were allowed to go due to personal others. The jurists will spend their days, Before being placed under a gag order hardship and one or two due to media 9 a.m. to 5 p.m., in court.” by the judge, Getzel Rubashkin, Reb exposure. The judge ended up taking at Assistant U.S. Attorney C.J. Williams Shalom Mordechai’s son, spoke about his least one person aside after he said that has named about 80 witnesses that father’s matzav ruach. he had read about the case. They didn’t prosecutors might call for their case. “My father’s bitachon is nothing less want the rest of the jurors to hear about Following the long and tiring day last than remarkable,” Getzel said, adding what this person had read, so they pulled Tuesday, the group of frum people went that the continued chizuk provided by him out with the lawyers and the judge back to their hotel, The Country Inn, the response to the Yated campaign to and this person went to a side room and where they davened Minchah in the help pay the legal bills is so very much spoke about what he had read. conference room and then ate supper. appreciated by his father and their family. The Matzav.com reporter continued: A minyan for Maariv was held and the The following was related by the “Most noticeable to me was that group farbrenged together in honor of Matzav.com reporter regarding the fi rst Attorney Cook was looking for who the yahrtzeit of Rav Levi Yitzchok of day of the trial last Tuesday: these people are and what they are about. Berditchov, with Shalom Mordechai, “In the process of jury selection, the He asked less pointed questions - but who inspired them with his positivity defense knocked off 11 witnesses and questions whose answers he obviously and simcha. the prosecution 7. The fi nal result was felt would speak volumes about the “This man is so unique and inspiring,” a selection of 12 jurors and 4 alternates. person. For example, to one potential said the Matzav.com reporter. “I cannot The Rubashkin team was satisfi ed. juror he asked: When you purchase a put it into words what an adam choshuv “It was a full day affair, from about car, do you make a snap decision or do this is. You have to meet him to see what a 9 a.m. until close to 5 p.m. The judge you deliberate and take your time before special individual Reb Shalom Mordechai got the fi rst shot at asking questions of buying? Cook was analytical, asking Rubashkin is. He is a true maamin in the the potential jurors. The judge asked questions to determine the emotional and One Above.” questions, then the prosecution asked compassionate levels of the people.” The group arose early Tuesday

Perfi dy in Iowa Page 55 morning, at about 6:30 a.m., for items, in malls and elsewhere, depicting asked him to come and join the business, Shacharis at 7 a.m. Shalom Mordechai Santa Claus. They believed Santa Claus which he did to satisfy his father’s then headed right to the courthouse to be was real - and why shouldn’t they? The request.” there by about 8 a.m. proof that he exists was wherever they “Cook said in court that Shalom “The judge seemed fair and balanced,” looked. But then, said Cook, when they Mordechai was ‘a kid from Brooklyn,’ the Matzav reporter said. “She made sure became adults, they learned the other side with no business experience. that Shalom Mordechai’s wife, Leah, had of the story - the reality, the truth. There “The company had been headed a seat in the courtroom. She runs a tight is no such person as Santa Claus - despite by Donald Hunt, the plant manager, courtroom, however. She banned all cell all the ‘evidence’ they heard and saw in who truly ran the company. When phones in the courtroom. According to their youth. Hunt died in the late 1990s, Hunt’s the rules of her court, all cell phones are “Continuing on this theme on various responsibilities were spread to collected, marked with a person’s name, Wednesday, Cook told the jury that employees of the company, including and later returned after exit from the even though for weeks they will Shalom Mordechai. courtroom. There are no exceptions and hear things from the prosecution, “There were various people in the the rule is strictly enforced.” which will create images and impressions, organization chart above or on the same DAY 2 - WEDNESDAY there will come a time - if they can level as Shalom Mordechai, but the maintain an open mind - when the rest government, in their case, posits that Opening statements were given of the story will be related. Think about Shalom Mordechai was the head and on Wednesday as prosecutors began the Santa Claus analogy, he said. Not the brains behind anything going on at presenting their case. always do you have the facts in front of the company. They are trying to paint a Lead Rubashkin attorney Guy Cook you, as convincing as the evidence may black picture and pinning it on Shalom is cautiously confi dent that the truth will sound now. The facts often emerge later, Mordechai. emerge about the allegations, and that and that is what will take place here in the “The defense explained that Agri was a the jurors will see the half truths and the very successful business for 20 years, misrepresentations of the prosecution. doing $350 million in sales at its height, Cook told the court that Shalom spreading kosher meat throughout the Mordechai is an “honest family man” U.S. to places that had never had kosher who was in over his head in a complex meat. Cook characterized Agriprocessors business. Shalom Mordechai was trained as a ‘true American success story’ that as a rabbi, not a businessman, said contributed to charity and helped boost Cook, and any alleged “sloppy” business Postville’s economy. practices that might have occurred - it “Cook told the court that Shalom has yet to be proven by the prosecutors - Mordechai and his family are solid don’t amount to crimes. citizens - and that this isn’t his opinion; In May 2008, federal immigration it’s the opinion of the governor of offi cers raided the Agri plant in Iowa and the mayor of Postville who unprecedented and unparalleled fashion have vouched for Shalom Mordechai’s and arrested nearly 400 undocumented honesty and integrity.” workers. In October 2008, Shalom Prosecutors allege that Shalom Mordechai was arrested and charged with Mordechai violated a 2002 order by the conspiracy to harbor illegal aliens and U.S. secretary of agriculture to pay cattle other crimes. providers within 24 hours of a sale. The Assistant U.S. Attorney Charles J. charge stems from a 1921 law, the U.S. Williams showed photos and slides to the Packers and Stockyards Act. The law court as he unveiled the government’s requires “prompt payment” to protect case. He contended that Shalom Rubashkin case, he said. livestock producers. Two scholars who Mordechai “repeatedly lied” to his lender “‘The story you heard [from the studied the law said they had never seen about his company’s fi nancial health and government] is not fully accurate,’ Cook it invoked in a criminal case. “reassured the bank that Agriprocessors said. They ‘used charged words…for a “This is the fi rst time in my life that was in full compliance with the law.” purpose: to shock and awe you, to divert I’ve heard of that,” said Chris Kelley, Attorney Cook, in his remarks you from the truth.’ a University of Arkansas law school on Wednesday, told the jury that the “Guy shared with the audience the professor was quoted as saying in the prosecution’s goal is to shock and history of Postville and told the jury his media. awe, and that the other side of the contention of the position that Shalom The Matzav.com reporter commented story, the defense, will be heard after Mordechai occupied at Agri, unlike what on the defense team’s response to this the prosecution completes presenting the prosecution claims. The company, he charge: their case. said, was founded by Shalom Mordechai’s “Attorney Cook addressed this charge The Matzav.com reporter shared some father, Aaron Rubashkin, in rural Postville by stating that the livestock producers, details of what Cook related to the court: in the late 1980s. The elder Rubashkin, a to this day, have a positive opinion of “Mr. Cook, on Tuesday, shared with kosher butcher who had emigrated from Shalom Mordechai and have said that his the jury a parable to make his point. Russia, saw opportunity in restarting a ‘word is gold.’ He said that all the jurors have heard of shuttered plant near a plentiful supply “Agri always paid fair money and Santa Claus. As children, they grew up of cattle and was massively successful the cattle people were happy with believing in Santa Claus. They would go before Shalom Mordechai ever came on the arrangement. The government out as children and see pictures and other board. Then Shalom Mordechai’s father is trying to enforce a law that has

Page 56 Perfi dy in Iowa never been evoked and that has not continue lending money for its own DAY 4 - MONDAY been called into question by the benefi t. There was no misrepresentation On Monday, several Agriprocessors cattle producers.” of any kind on the part of Agri. clients testifi ed. These included several The prosecution shared the Prosecutors called to the stand three sellers of kosher meat who regularly government’s claim that Shalom witnesses who testifi ed that about $10 bought from Agriprocessors. The Mordechai “engineered a scheme that million in invoices were not connected prosecution focused their efforts on illegally diverted millions of dollars to any shipments made from the plant. trying to prove that invoices from in customer payments away from First Angela Smith, a computer consultant, Agriprocessors were falsifi ed and used Bank Business Capital Inc., a subsidiary was called to the stand. to defraud the bank. The goal of the of St. Louis-based First Bank, which had Cook cross-examined Smith and she prosecution was to show that the clients issued him a $35 million revolving line admitted that she had never even met Reb were unaware that Agriprocessors had of credit.” Shalom Mordechai and that the last time attached their business names to fi ctitious Attorney Cook explained in court that she spoke with him was some 7 years debts. Some invoices, for example, the bank was aware of the situation and ago. It was not a very impressive showing stated that these companies owed were satisfi ed with their arrangement on the part of the prosecution. money to Agriprocessors, but supporting with Agri. The company had taken out Two other people testifi ed as well. documentation showing that a delivery a $28 million revolving loan with First Mark Ross and Alan Rice were both was in fact made, said the prosecution, Bank Business Capital in 1998. The loan part of the trustee group which ran could not be provided. The prosecution grew to $35 million, and the company the company after its bankruptcy. The claimed that Agri borrowed money based could borrow against it daily. After the prosecution tried to get these witnesses on these invoices, which showed that immigration raid, Agriprocessors faltered to state that they had found discrepancies, certain monies were set to come in to its fi nancially, and the bank called the loan. but during cross examinations, the coffers from these clients. The company later declared bankruptcy. men displayed a lack of knowledge of One of the sellers was the owner The Matzav.com reporter related: many things about the company and of a Crown Heights store. He testifi ed “The bank had been profi ting from the the business. that he has a good relationship with the interest payments, which they always Rice also admitted that some of Rubashkin family, whom he has known received. Never was a payment missed. his info had been given to him by for close to 30 years and is related to. He It was clearly a risky loan in the fi rst Mitch Meltzer, a former employee of testifi ed that Shalom Mordechai was very place, because kosher meat is a volatile the company who is trying to get a gracious to him and extended his credit and unpredictable business with a limited reduced sentence by portraying Shalom line with the company when necessary profi t margin. But banks always make Mordechai as being guilty of all sorts to enable him to receive more meat as risky loans in order to make a profi t, and of things. Rice thus admitted that the the bank made the loan because they had needed for his business, even if he wasn’t key information was supplied by Mitch, able to lay out the money at the time. In a lot to gain. To claim that Agri tricked who has much incentive to be inexact in the bank is false, said Cook in court, as exchange, he said he loaned money to his recollection. Agri when asked. the bank was happy with the arrangement, As the trial recessed for the weekend, and in fact, if not for the May 2008 raid, Shalom Mordechai and his family “were an observer told us that “the prevailing very nice to me,” the witness said. “I pushed would have doubled their money! The feeling here is bitachon. Bitachon bank was more than happy to advance for a bigger credit line, and they did it that everything will turn out right. for me.” money to Agri because the Rubashkins Reb Shalom Mordechai, besides always made their loan payments.. Defense attorney Guy Cook asked him for being a remarkable person, is a if he was related to the Rubashkins and he “Mr. Cook told the court that to walking mussar sefer in bitachon. It is this very day, the bank, First Bank replied: “Yes. And I’m proud of it.” truly unbelievable.” Business Capital, on its website, lists The owner of the Glatt Western Agriprocessors as one of its successes! DAY 3 - THURSDAY Kosher in Los Angeles testifi ed that So, apparently, it is fair to assume, he On the third day of trial, a former Agriprocessors was disorganized and said, that the bank did not have a problem employee at Agriprocessors, Verla often did not ship all of the meat he with their arrangement with Agri. O’Shaughnessy, testifi ed that Shalom had ordered. Observers felt that this “The government alleged that Mordechai appeared nervous and “very testimony was favorable to the defense Agriprocessors made false statements to hyper” the morning that he was arrested for it demonstrated that due to the massive the bank by assuring offi cials that they on immigration charges. O’Shaughnessy growth of the company, orders were were in compliance with federal law. was among several customer service sometimes delayed or mistakenly not sent Rather, Mr. Williams said, Agri violated employees who testifi ed that day. out as planned. The witness testifi ed that the federal Packers and Stockyards Act During cross examination of several he only paid for meat he had received. by failing to promptly pay cattle suppliers witnesses, however, it emerged that the “Occasional disorganization is not a and by employing illegal aliens. witnesses who had claimed that Shalom crime,” explained the observer, “and with “Attorney Cook addressed this in open Mordechai displayed nervousness had the expansion of the company, orders court and stated that First Bank Business actually only met him a couple of times were sometimes going out faster than the Capital, even after the allegations were before. computer system could handle. It was raised - and even after the May 2008 raid “Since they really never met him, and revealed that even when the computer - continued to lend money to Agri, so to didn’t truly know him or his personality, system crashed, the company continued claim noncompliance and to claim that the they were forced to admit that they to provide customers with meat, not bank was lied to is simply not true. The really didn’t have anything to go by in allowing a disruption in service. Thus, a bank was aware of the company makeup Assessing his demeanor and in reaching lack of invoices would not show any sort and how it was being run, but chose to their assertions,” an observer related. of fraud of any type as the prosecution

Perfi dy in Iowa Page 57 averred. It was simply the reality of the Shalom Mordechai. Some of them said prosecution was expected to bring to the way they did business.” that they did not deal with Reb Shalom witness stand representatives of various The L.A. witness testifi ed that the plant Mordechai, who was not directly banks. However, due to travel delays, the supplied about 95 percent of his meat involved in sales. The prosecution witnesses had not arrived. At that point, a before fi ling for bankruptcy. He said his once again attempted to show that less-than-pleased Judge Reade called for company caters events throughout Los there were fi nancial transactions that the court to adjourn. Thus, court ended at Angeles, and supplied Agriprocessors require explanations and have not been 4:15 p.m., rather than at 5 p.m. meat for various events as well as for documented properly. A TEST OF CHARACTER renowned chef Wolfgang Puck. The defense explained that this is Monday evening, following another The trusting bond was so strong that not the case. During testimony of the grueling day in court, Shalom Mordechai when the plant struggled, the man said he company reps, it was stated by one set out to share words of chizuk and Torah sent advance payments totaling roughly witness that their company actually with Jews who he had found out work in $700,000 - including $500,000 taken advanced $100,000 to Agri for hides that Sioux Falls, selling various and sundry from a mortgage on his home - with no would be provided in the future. items at the local mall. written agreement. “The received credit, so to speak,” At the same time that Shalom The Matzav.com reporter related: said the Matzav.com reporter. “The Mordechai is facing judgment which “The prosecution had a bunch of prosecution would like the court to could lead to 1995 years in jail, his invoices that they claimed doesn’t have believe that this money was unaccounted bitachon in the Ribono Shel Olam is so supporting documentation but claims that for.” fi erce that his mind is constantly seeking companies owed money. The prosecution Also, while prosecutors are trying to foster kevod Shomayim. As soon as he was going through the documents with the to pin blame for supposed inaccuracies heard of an opportunity to be marchiv the former Agri clients trying to demonstrate on Shalom Mordechai, some of these gevulos hakedushah, he jumped at it and their false nature. In one case, however, representatives said they never even dealt spent his evening speaking with them. He a client identifi ed an invoice and said with Shalom Mordechai, but rather with is a man who is genuinely devoted to his that he recalled it and that it was 100% Toby (Yom Tov) Bensasoon, who worked Creator. Where do you fi nd such people? authentic. This threw a wrench into the for Agri. So suffused with love of Hashem and prosecution’s argument that it was all “Toby had previously pleaded guilty trust in His judgment, Shalom Mordechai fabricated. and his testimony is being used by the immediately seized the opportunity to “During one of the cross examinations, prosecution against Shalom Mordechai, express his brotherly love to these secular there was an interesting incident as the or at least they are trying to do so,” said the Jews, much the same as he serves as a witness seemed to be receiving tips from Matzav.com reporter. mashpiah of sorts to the bochurim of Rav an acquaintance of his who was sitting “It is important to remember that these Gurkov’s yeshiva back in Postville. It was in the audience. The audience member days and weeks are the prosecution’s time amazing to observe. seemed to be coaching the witness as to to throw all types of charges and claims - Some have wondered about the what to say. The witness, following the as lacking in truth as they may be - as they Yated’s continuous campaign on behalf initial questioning by the prosecution, can. This is their time. The defense will of Shalom Mordechai. Others question seemed to get fl ustered while delivering get its chance down the road. However,” why the Yated has gone all-out to assist his rehearsed testimony. The witness the reporter added, “the prosecution has this man and make his case heard. If only requested a break, which was granted by clearly seen some disappointment over all readers of these words could observe Judge Reade, who said she was not happy the fi rst few days of court with witnesses Shalom Mordechai’s actions and conduct with the coaching taking place by the either admitting a lack of knowledge about in person, and observe this individual audience member. Shalom Mordechai or expressing their whose behavior is lemaalah min hatevah, “In fact, later,” shared the Matzav.com respect and good relationship with him.” it would all become clear. reporter, “Attorney Cook worked this On Monday, as the afternoon rolled All are asked to continue davening for into a question to the witness, asking, ‘So along and the clock passed 4 p.m., the Shalom Mordechai Halevi ben Rivkah. is that what your lawyer was signaling to you?’ The prosecution immediately objected to this statement by the defense, which insinuated that the audience member had been providing info for the witness to relate on the stand. But the judge overturned the objection, stating that what the defense had said was simply the truth: the witness was receiving coaching on what to say.’” Other witnesses on Monday represented hide and rendering companies. Rendering is a process that converts waste animal tissue into stable, value-added materials. Rendering refers to any processing of animal byproducts, such as fatty tissue or bones, into more useful materials. Some of the representatives from these companies spoke highly of Reb

Page 58 Perfi dy in Iowa October 30, 2009 An Exhilarating Shabbos in Sioux Falls

Rubashkin Court Case Continues Following First-Ever Shabbaton in South Dakota

BY AVI YISHAI

It was a unique exchange between a Thursday, another ‘fi rst’ was about to take a groundbreaking achievement to be able to reporter covering the Rubashkin trial place. This ‘fi rst’ - an infusion of Torah and hold a Shabbaton in Sioux Falls. and one of the frum Yidden present to Yiddishkeit in the spiritual desert that is “We had Jews coming out of the provide chizuk to Reb Shalom Mordechai Sioux Falls - was initiated by one man, Reb woodworks. They found out about the Rubashkin. Shalom Mordechai Rubashkin. Shabbos and were drawn. This was the fi rst The prosecutors alleged that Shalom Facing 1995 years in jail if found guilty breath of Shabbos for these people,” he Mordechai violated a 2002 order by the of the charges he is facing, Reb Shalom said. U.S. secretary of agriculture to pay cattle Mordechai remains strong, putting his “From Erev Shabbos to Motzoei Shabbos, providers within 24 hours of a sale. The faith in the One Above that the truth will there were minyanim. We brought food charge stems from a 1921 law, the U.S. ultimately emerge in several weeks after the from the Twin Cities and the Rubashkins Packers and Stockyards Act. The law prosecution rests its case and his defense cooked food. There was nothing lacking. requires “prompt payment” to protect team can properly present their side of “Reb Shalom Mordechai shared divrei livestock producers. the story. With his emunah and bitachon Torah and maasos with the attendees, as As reported here last week, scholars who strong, Reb Shalom Mordechai focused I did. These Jews drank up his words of studied the law said they had never seen his energies on bringing Yiddishkeit to Torah. The singing was inspiring. The it invoked in a criminal case. “This is the Jews in South Dakota who never before atmosphere was pure and freilach. fi rst time in my life that I’ve heard of that,” experienced the bliss of Torah and the “It certainly buoyed Reb Shalom Chris Kelley, a University of Arkansas law warmth of Shabbos. Mordechai and his family to have such a school professor, was quoted as saying in “THEY DRANK HIS Shabbos taking place at the site of where the media. WORDS OF TORAH” the mishpat (judgment) is taking place. It Rubashkin Attorney Guy Cook stated Rabbi Moshe Feller, head of the was an unprecedented experience.” that the livestock producers, to this day, have northwest region of Chabad-Lubavitch, Several Yidden who were passing a positive opinion of Shalom Mordechai has known Reb Shalom Mordechai and through South Dakota, including a couple and have said that his “word is gold.” Agri the Rubashkin family for many years from Eretz Yisroel and a Jew from Texas, always paid fair money and the cattle people and traveled to Sioux Falls to take part in joined as well. were happy with the arrangement. But the leading the Shabbaton at the local hotel The meals and minyanim were held at government’s prosecutors continued their there. the conference room of the hotel where the attempt to apply a law that has never been “Shalom Mordechai called me and said, Rubashkins are staying in Sioux Falls for evoked and that has not been called into ‘Let’s make a Shabbaton,” Rabbi Feller the duration of the trial. question by the cattle producers. told the Yated this week. “It turned out to “Chavrah chavrah is lei,” said Rabbi Cook tried to make this point in court, be an unprecedented experience.” Feller. “We look at this experience as the stating that this law hasn’t been enforced Rabbi Feller made the four-drive with beginning of mitzvah activity in Sioux for as long as anyone can remember. The his son, R’ Levi Yitzchok. Falls. It was like the chanukas habayis presiding judge, U.S. District Judge Linda “Reb Shalom Mordechai is a Tehillim of Yiddishkeit in the city - the fi rst Torah Reade, however, would not allow Cook to Yid,” commented Rabbi Feller. “For retreat in that part of the country. make this point to the jury, objecting his years, he’s been completing Tehillim every “Simcha poretz geder - happiness breaks contention. day. Deep in the recesses of his neshama, barriers, as we saw on Shabbos. Indeed, we “This is a fi rst,” the news reporter there must be fear of the 91 indictments pray and hope that the geder facing Reb commented, stating that he had never seen he is facing, but chasdei Hashem ki lo Shalom Mordechai will be breached and he a judge reject a statement of that sort in a samnu. The Shofet Kol Haaretz is in that should merit a yeshuah,” Rabbi Feller told case. courtroom,” said Rabbi Feller. the Yated. It was a fi rst, indeed, but just one of Rabbi Feller told the Yated that Lubavitch Rabbi Feller was born and raised in many fi rsts surrounding the Federal court has representatives in every state in the Minneapolis. His father, who arrived there case in Sioux Falls, South Dakota. As the country except for three - South Dakota, before World War I, sold cars in St. Paul trial concluded its second week this past North Dakota and Mississippi. It was thus and raised a shomer Shabbos family.

Perfi dy in Iowa Page 59 Rabbi Feller attended the Minneapolis store in Boro Park, Brooklyn. Through lawyers had to be hired in order to cover Talmud Torah and later went to Yeshiva his hard work and determination, coupled every aspect in the proper fashion. This Torah Vodaas, which he attended for 6 with his tzedakah and community activity, naturally generated huge legal fees for years. He received semicha in Lubavitch Mr. Rubashkin realized the importance various members of the family and for the and, in 1962, together with his wife Mindy, and the need for a full-time shechitah to corporate entity. moved back to his place of birth and began provide glatt kosher meat for the New York “The issue of the charges became very sharing the beauty of Yiddishkeit. He helped Metropolitan area and other areas around clouded. There were those who claimed that establish a cheder, yeshiva, and other parts the world. the government had chosen the Rubashkin of the frum infrastructure in Minnesota, He eventually came to the understanding plant because of the pressure that they were and he shares a warm relationship with the that the best way this can be accomplished is under from PETA. Others said that there other rabbonim and leaders in Minnesota. by the establishment of a frum, Chassidishe was pressure from unions. There were “In Teves, it’ll be 48 years since we community in close proximity to the those who were sure that, subconsciously, arrived here. In all the years, I never meat-packing plant which would provide there was an anti-Semitic aspect involved experienced what I did this past Shabbos,” a home and community for the shochtim, in the case. he said. mashgichim, families, yeshivos, mikva’os, “Many meat-packing factories in The Rubashkins, when they fi rst etc. All of that would be necessary to America have been raided by immigration established their slaughterhouse in make such a plant operate effi ciently and offi cials. Usually, the undocumented Postville, resided in St. Paul, because there properly. workers were taken away and the plant was no Jewish infrastructure in Iowa. As “And so, about 22 years ago, Mr. continued to function. No criminal charges shochtim began to move to Postville, the Aaron Rubashkin and members of his have ever been brought against the Rubashkins moved there and began to build family took over a defunct meat packing operators of those plants, because it was the kehillah. plant near Postville and began the historic obvious that the undocumented workers “The Twin Cities are 175 miles - about development, growth and expansion of had obtained false papers on their own a three-hour drive - from Postville,” says Agriprocessors which was to become the and had presented themselves as properly Rabbi Feller. “They settled in St. Paul for largest kosher meat producer in America. documented workers in the United States, the chinuch of their children, despite the “Shalom Mordechai Rubashkin, who which was exactly the same case with long commute.” was then studying in yeshiva, wanted very Agriprocessors. Once Postville had a chance to grow, the much to become a shliach within the Chabad “As I write these words, I am sitting in Rubashkins moved there. shlichus movement and in fact served for a the Federal courthouse in Sioux Falls, In “The Rubashkins built the town. What while in an out-of-town position. He was fact, I am sitting near the reporter from the they created was an ihr v’eim b’Yisroel,” approached by his father who urged him to Wall Street Journal who spent two full days says Rabbi Feller. “It therefore pains the join together with several of his brothers to in Sioux Falls following the case. heart to see, r”l, what the government has work in the plant in Postville. “The busload of young men who came done to that city. What a beautiful thing “Shalom Mordechai took this upon from New York to show their support for Postville was! And now…it is painful to himself as a form of shlichus and moved to the Rubashkin family settled in a very see what has happened.” Postville where he became involved in the respectful and honorable fashion. The The prior week, Rabbi Feller took a fl ight operation of the plant. He held the position courtroom that was assigned to Judge to South Dakota to be in the courtroom at of vice president, when the government Reade by the Federal courthouse only had the commencement of the trial to give cracked down on the immigration issues three benches for spectators, since the main chizuk to Reb Shalom Mordechai and his and then, later on, claimed there was courtrooms of that court had been reserved family. a problem with a bank loan. Shalom for other cases that were being held. The “It’s a chizuk when Yidden come,” he Mordechai was picked to be their korban judge provided an overfl ow courtroom for says. “It means so much.” and faced multiple charges stemming from all of these visitors and guests. Rabbi S. Binyomin Ginsberg, Dean a few alleged actions that the government “The citizens of Sioux Falls, South of Torah Academy of Minneapolis, and claimed did not comply with standard Dakota, had a very fi ne impression of this Rabbi Yechezkel Greenberg of Cong. Bais banking rules. group of young men who had come in Yisroel in Minneapolis also made the trip “During the months immediately support of the Rubashkin family. to Sioux Falls to give chizuk to Reb Shalom following the immigration raid, the plant “To recap what has occurred so far Mordechai, Rabbi Feller related. could not operate at full capacity and the in the case, last Tuesday was devoted to “Reb Shalom Mordechai has been Rubashkins put all of their fortune together choosing the jury. Wednesday morning, me’ached - he’s unifi ed - Klal Yisroel. His to try to save the plant, investing millions of the trial began. After opening arguments, case has brought together Yidden who are dollars of their personal wealth, mortgaging the prosecution presented several witnesses standing by him and davening for him. The their homes, their properties, and selling who testifi ed that certain documents had frum communities are united. May Hashem whatever liquid assets they had in order to been prepared improperly in order to help that the achdus should continue and be invest that money to save the company. cause the bank to lend more money to a zechus for Reb Shalom Mordechai.” “They took large loans from their friends Agriprocessors. Of course, that in itself Berel Jacobs, one of the Yidden from in order to put enough money together to raised a question, since there was no crime Brooklyn who traveled to South Dakota, keep the plant running under the diffi cult involved. The bank felt that there was shared some of his refl ections on the circumstances. Then the point came when enough equity and enough security to be Rubashkin family and the fi rst week of the there was no choice and the company had able to lend more money to the company so trial on the COL site: to fi le for bankruptcy. The family began that the company could operate. “Mr. Aaron Rubashkin, a survivor of working with the lawyers to protect them “The funds that the company got went the horrors of the Second World War and and to protect the interests of the company. primarily to cover the payroll of a thousand Stalin’s Gulags, made his way to America “Because of the complicated aspects of workers. That payroll was a weekly one, after the war and established a butcher the case, more than a half a dozen teams of and the company did not use this money

Page 60 Perfi dy in Iowa for any purposes other than paying their provided them with the opportunity to do actually continued to lend money to the workers, paying their suppliers and making unbelievable acts of tzedakah. meat plant even after Federal agents sure that the operation worked so that the “By the time the testimony ended on arrested one-third of its workers. First animals would be shechted and the meat that fi rst Thursday, it became evident that Bank Business Capital sent Agri four loan would be produced and sent on to the while the government thought that they payments totaling $3.45 million after the market. had a “slam dunk” case and would be able May 2008 immigration raid, according to “During the two days of testimony to provide clear evidence to the jury that documents and testimony. that fi rst week, Wednesday and Thursday, certain things had been done improperly, it The testimony during week two of the every witness that the government brought was clear that: trial touched on a central question for a to the stand helped the government try to “- There was a big question as to whether South Dakota jury: Did anyone lie to First make the case that certain documents were any crime had ever occurred. Bank, with fake sales records that cost the allegedly not proper. However, when these “- It was possible that this was simply a bank millions when the plant defaulted? witnesses were cross-examined by the case of ineffi cient operations in the internal Or did bank executives overlook sloppy defense attorneys, it became clear to me offi ces of the Rubashkin plant. business practices and illegal workers at that several of the points were very weak: “- There were still a lot of questions the plant because of the millions of dollars “- It was clear that several of the that had to be answered before anyone collected from loan interest payments? witnesses had ‘selective memories.’ They could come to any opinion as to what the Gary Pratte, a First Bank vice president, could only remember those things which intentions of the plant operators really said borrowers such as Agriprocessors were the government wanted them to say which were. routinely monitored by bank employees. might throw some bad light on the activities “- The bank had been very happy with When pressed by Attorney Cook, he said of the company. all of these facts. he had not reviewed the loan himself. “- On the other hand, those actions, “Thus, clearly, the Rubashkin family’s “I have thousands of calls to make each activities or events which would support promise was as good as gold, the day, and I can’t read every loan document,” the defense of the company, somehow, Rubashkins’ credit was as good as gold, he said. for some reason, these witnesses could and the bank was very happy to do business The payments were part of a $35 million not remember. It was clear from the cross- with them. After all, the bank stood to make credit line extended to Agriprocessors. examination that this selective memory hundreds of thousands of dollars on these “What we’re trying to do here is part indicated that they were simply not telling loans and they were actually taking about of a defense that whatever occurred at the truth. $100,000 a month on their loan. The bank Agriprocessors was not a crime,” Cook “- Furthermore, it became clear that was very close to doubling its investment told Judge Reade during arguments when the computer system that Agriprocessors with Agriprocessors. the jury was out of the room. used was terribly faulty. Many times it “On the other hand, the defense Cook said the evidence “goes directly would crash and remain offl ine for as long attorneys indicated that in 2008, the bank to the bank’s blind indifference, that it was as 48 hours, during which time a lot of had lost $275 million in bad loans and in willing to take risks because (the loan) was information had to be entered manually, the fi rst 6 months of 2009 the bank lost highly lucrative. They were making a lot of based on memory and numbers that were another $175 million in bad loans. None money off of this loan, and they were not submitted by the different people who of those cases have ever come to any kind concerned with a lot of the details.” worked in different parts of the plant, and of criminal case. Certainly, the Rubashkins Bensasson Takes the Stand not on actual counts, etc. Thus, even those were being singled out here, for no good Yom Tov “Toby” Bensasson, the documents which the government claimed reason, in a case of a loan which had gone former fi nancial offi cer and head of Agri’s were created and did not represent actual bad, just as dozens of other loans had gone accounting department, claimed in court sales clearly could have been created bad with the bank. There was no reason for that Reb Shalom Mordechai oversaw a plot improperly by the computer and improperly Agriprocessors and the Rubashkin family to route profi ts into his company instead of dated and improperly marked, since the to be singled out for prosecution. the bank where money was supposed to go. computer was actually making up dates “So taking everything together by the Bensasson testifi ed that Reb Shalom when it printed out various documents. end of the fi rst week, the prosecution had Mordechai believed that federal agents had This was proved several times during the presented a very unclear picture of what it bugged the meat plant and his phones. testimony by certain documents which the was that they claimed the Rubashkins had Attorney Cook on Thursday asked defense selected from the pile of documents done wrong. Every one of their witnesses Bensasson about the plea deal he struck that the government presented. had been discredited, and the onus was still with federal prosecutors in exchange for “- Another point became very clear. upon the government to bring any proof of Various witnesses made strong statements wrongdoing on the part of Agriprocessors his cooperation. Bensasson pleaded guilty that Reb Shalom Mordechai is a good and the Rubashkin family.” to one fraud conspiracy charge in August, man, that he always cared about the people and admitted this week that he falsifi ed working in the plant, and that the Rubashkin THE TRIAL company records to defraud First Bank. family was known for their generosity Following the mei’ein Olam Habah “Good morning,” Cook said. “Sir, do and their tzedakah. In their operations in experience this past Shabbos, Monday you want to go to prison?” New York, at their restaurant, they did not brought the reality of Olam Hazeh back “Nobody wants to go to prison,” charge poor people. The court was told of into focus, as the court case resumed. Bensasson said. times when Reb Shalom Mordechai would The following are some highlights from “You nevertheless have convicted call up clothing businesses and ask them to the last week and a half of the case: yourself” of the conspiracy charge, Cook provide clothes for poor families and that Bank Continued to Lend said. he would pay for it. The members of the As mentioned above in Berel Jacobs “Yes.” Rubashkin family, in addition to running the refl ections, the St. Louis bank that was “And you face a fi ne of as much as a business, also made sure that their business allegedly defrauded by Agriprocessors quarter-million dollars, and restitution?”

Perfi dy in Iowa Page 61 “Yes.” when you’re too good, you get stepped on.” fi nancial offi cer Toby Bensasson called “You pleaded guilty, convicting His response served a book-end to an “tootsies.” yourself?” exchange which took place in the fi rst Defense Attorney F. Montgomery Brown “Yes, sir.” week of the trial. Darlis Hendry, a customer hammered away at Meltzer, painting him as Bensasson testifi ed at one point that service representative who worked at the a dishonest man who stole money from the Reb Shalom Mordechai cashed in his own plant since 1999, testifi ed that Reb Shalom company and lied on his résumé. life insurance policy to keep the plant Mordechai requested her help writing sales When Meltzer said he cashed a few operational. invoices for meat products she said he told checks as a favor to Reb Shalom Mordechai, Bensasson said he agreed with Cook’s her he was selling on the side. She also Brown pounced. description of Reb Shalom Mordechai as a stated that she saw Reb Shalom Mordechai “You kept the money,” he said. “well-intentioned man.” give a white envelope to her friend and boss, “Absolutely not,” Meltzer responded. Later, federal prosecutors raised the Judy. Her contention was that Reb Shalom “You fl eeced the company, didn’t you?” subject again. Mordechai was providing Judy with the Brown said. “Mr. Cook asked you your opinion about information to create false invoices. Brown quizzed him on why his whether he was a well-intentioned man,” Upon cross-examination, Attorney Cook personal internet page indicated he was said Assistant U.S. Attorney Peter Deegan asked Darlis if she was aware that Judy’s Agriprocessors chief fi nancial offi cer for Jr. “Do you have any opinion about whether son had been killed shortly before this more than 12-1/2 years, even though he he was a law-abiding man?” exchange. only held the title for less than a year, from Cook objected. Judge Reade agreed. She replied no. November 2008 to March 2009. Bensasson never answered. Judy’s son had been driving a vehicle Brown followed up by suggesting he Prosecutors claimed that Reb Shalom that smashed into a hay-wagon and all fi ve had a reputation for exaggeration in the Mordechai directed a plant employee occupants of the car were killed. Judy was community, and prosecutors offered the to write fake sales invoices, which he suffering and was facing possible legal last of many objections during the line of then presented to First Bank to obtain action from the families of the other teens, questioning. loan advances that went beyond what the since her son was driving the car. To top it “Let’s not argue during questioning; let’s slaughterhouse could handle, but defense all off, Judy could not afford to pay for her move on,” Judge Reade said. lawyers made clear that while business and child’s funeral. In her moment of pain, Judy Mr. Meltzer has thus far admitted to lying record-keeping at Agriprocessors may have found a savior in Reb Shalom Mordechai, to the bank, to the grand jury testimony been sloppy, absolutely nothing criminal who gave her money for the funeral and and to the FBI agent who interviewed him. was done in the record-keeping of the later on paid for the headstone as well. That Even regarding his employment status, he company. had been the surreptitious exchange Darlis fi rst stated that he was not CFO of Agri, Defense lawyers showed jurors an e-mail had witnessed. but responded, after being questioned between the bank’s senior credit offi cer, When asked if she recalled any of this, about his personal internet page which Phil Lykens and Bensasson. Lykens wrote Darlis told the court that she did not. states otherwise, that he was indeed CFO Bensasson in the e-mail that he would try “Her selective memory was glaring,” for 5 months. Mr. Meltzer explained the to raise the plant’s loan, and then added: said one court observer.” She seemed to statement on his internet page with the “By the way, tell Shalom that I cooked only recall certain exchanges. Anything justifi cation that he was looking for a job two of his steaks last night and they were that explained the positive nature of Mr. and needed it for his résumé. Attorney wonderful.” Rubashkin’s actions seemed to be nowhere Cook remarked that this may be the case, Assistant U.S. Attorney Peter Deegan in her memory. Somehow she could not and it may be commonplace for people to later questioned Pratte about steaks he had remember any information surrounding the falsify information to get a job, but he is received. death of her friend’s son.” still a liar. “Were they any good?” Deegan asked. Attorney Cook also related that Reb Government lawyers presented Pratte shrugged. “We ate one, and my Shalom Mordechai assisted Judy after their fi rst witness for charges that Agri wife threw the other one away.” Darlis herself asked him if he could violated a 2002 federal order to pay Bensasson: The Rubashkins provide fi nancial assistance for Judy who cattle providers within 24 hours of a Are Too Good was suffering from a severe illness that sale. As mentioned above, prosecutors Government witnesses recalled Reb ultimately took her life. Shalom Mordechai used a 1921 law, the U.S. Packers and Shalom Mordechai as a generous man. responded by helping fi nancially and in Stockyards Act, for the charges and it is In court, witnesses testifi ed that Reb other ways. Darlis didn’t remember that the fi rst time in U.S. history that criminal Shalom Mordechai lent employees money either, until Attorney Cook refreshed her charges have been sought under the law. and helped workers’ relatives fi nd jobs. memory. The exchange in court concluded Adam Fast, a senior auditor in Des Moines Another remembered when Reb Shalom with Darlis remarking that Shalom for the U.S. Department of Agriculture, Mordechai threw a company party, invited Mordechai was a nice person and would claimed that Reb Shalom Mordechai even the lowest assembly-line workers and have done the same for her. certifi ed an annual report in 2002, the same water-skied on the Mississippi River. Mitch Meltzer year Agriprocessors allegedly failed to pay At one point, Bensasson testifi ed about Mr. Mitchell Meltzer was a chief for livestock in a timely manner. On cross- his earlier statements to a federal grand fi nancial offi cer at Agri when he was fi red examination, however, Attorney Cook said jury. in March 2009. He testifi ed that he and four that Reb Shalom Mordechai’s name did not “You told the grand jury that one mistake other employees received at least some of appear anywhere in the complaint and, in Shalom made was, he was too good,” Cook their salaries in cash to avoid taxes. a consent agreement resolving the case, said. Meltzer said he also shifted expenses Agriprocessors did not admit to any of “That’s the thing about the Rubashkins,” around to conceal purchases from the bank the allegations, but merely recognized the Bensasson replied. “They don’t realize that, and created false invoices he and former government’s right to give such an order.

Page 62 Perfi dy in Iowa October 30, 2009 Yemei Hadin

BY RABBI S. BINYOMIN GINSBERG DEAN, TORAH ACADEMY, MINNEAPOLIS, MINNESOTA

The purpose of my articles is always Hashem, I want to stay away from that I came to give Shalom Mordechai to share some insight and hopefully topic. Instead, I would like to focus some chizuk, I left with much more offer some direction in the way we on some thoughts that went through than I came with. I remember Shalom raise our children. While I intend to my mind as I sat in Courtroom II in Mordechai from my days growing up in do that here as well, I must fi rst share the Federal courthouse in Sioux Falls, New York and I have had some limited some details about an experience I South Dakota. contact with him over the past ten recently had as the background for the South Dakota borders the state of years as a recipient of his generosity. lessons to be learned. Minnesota, where I live. I recently He supported our school because that Anyone reading the Yated over made the four-hour drive (in each is what he did and it represents who he the past few months knows about direction) to attend the trial. I didn’t go is. the challenges facing the Rubashkin as a witness, nor because I am a family I arrived at the courthouse at 12:15 family, and specifi cally the current member of the defendant, nor because p.m. and Shalom Mordechai was Federal trial of Reb Shalom Mordechai South Dakota was one of the few states standing outside, getting some fresh Rubashkin. While there is much to I had not yet visited. I didn’t go because air as the court took a break for lunch. be said about the reasons for the I wanted to witness a miscarriage of I can’t describe the simcha that he justice and I didn’t go because I had displayed when he saw us and the horrible misapplication of justice and nothing better to do. general calm that he felt. I heard reports all the reasons why it is diffi cult to Instead, I went because Shalom of his unreal emunah and bitachon in understand why Shalom Mordechai Mordechai, being a fellow Yid, is my the Ribono Shel Olam, but to see it in must experience these tests from relative. I went because I real life was very different. wanted to create a kiddush I want to share with you my private Hashem. I went because I thoughts as I was standing outside of wanted to show my support the courthouse at that very moment. I for another Yid in tzaar. I was thinking about how proud Hashem went because I wanted to must be of His children, as two relative see the face of someone strangers took a four-hour drive just who was described to me, to give another of His children some by reliable sources, as a true chizuk. Isn’t that what our mission maamin. I went because I felt in life is all about - to give Hashem that I owe him a tremendous nachas ruach? amount of hakoras hatov As someone who works with for always supporting our children, my thoughts immediately school generously, and I turned to the way parents raise went to show the judge children. Do we take the time and and the jurors that we are a show our children what it means to us - supportive people. their parents - when we see love being On a recent Wednesday shown from one sibling to another? morning, a friend and I Moving on, we entered the left for the long journey. courtroom. I had never seen We thought that we knew proceedings in a criminal trial before why we were going, but and perhaps it is something that we we weren’t sure. It felt like should all experience earlier in our the right thing to do. While lives. There were several things that

Perfi dy in Iowa Page 63 struck me in a most powerful way and heard about how some children are the testimony and cross-examination I would like to share them with you. auditory learners and some are visual for just a few hours and these people, Certain lessons that I was taught learners. I am a mixture of the two and with very limited experiences, have to throughout my childhood and reviewed yet I have such a clearer understanding listen for many days to what appears to on many occasions later on during about what the trial looks like as a be very complicated testimony. my adult life really hit home as I was result of seeing it for myself. I asked myself several questions sitting in that courtroom. This is so important to take into at this point. Is this the best way to There were two tables. At one of consideration as we think about conduct a fair hearing? Hashem wants them were seated Shalom Mordechai the chinuch that our children are us to make hishtadlus and we have to and his team of lawyers and at the receiving. Many of the visual lessons secure the best defense team available. other one was the team of prosecutors. and experiences that will leave an We, the brothers and sisters of Shalom Next to the prosecutors were several impression that we really want are Mordechai, have the ability and power library carts, similar to those used in too diffi cult to fi t into a normal school to change the verdict. libraries to transfer and sort books. In day. This is where parents can be Each time a total stranger sends the courtroom, these carts are used to very supportive by helping out and a donation to help pay for the legal hold very thick binders of papers, all giving our children these extra forms expenses of the trial by making out a ready to be used as exhibits in the case of support. At the very least, if your check to the Yated’s fund, there is a to show evidence of the defendant’s child’s rebbi or morah goes out of the good chance for that donation to make guilt. way to present a lesson using a variety a difference between a verdict of guilty As a youngster, I heard my rabbeim of modes for learning, be appreciative and not guilty. Join me and imagine the describe how we will be judged in the and thankful. Don’t complain about results of what would happen if each Bais Din Shel Maalah. They will take the possible waste of time. Trust me, it one of us, including young children, out our books and show all that we have is time very well spent. would take three minutes of their day done during our lifetime. The scene in Another sight that made me think during the trial to say just one perek of the courtroom of those library carts hard and strong was the jury section of Tehillim. really made my rabbeim’s description the courtroom. Seated in their chairs As I was looking at the members of come real and alive. were a group of twelve American the jury, the following thought came to I am sharing this with you for several citizens and several alternatives. I mind. These jurors don’t live in a city reasons. One of them is to reinforce the have respect for these people who are that has a noticeably Jewish presence, idea that our children learn in many doing their civil service as Americans. and many of them never met a Jew. different ways. I am sure that you have However, I had a headache listening to Can you imagine what effect could be had be if one or more of these jurors was once on an airplane and saw a Jew create a kiddush Hashem? Just last week, I was on an airplane and stood up to help an elderly passenger get a piece of luggage into one of the upper compartments. One small act, noticed by dozens of travelers, can possibly be what will set the stage for a non-Jew to demonstrate positive feelings towards other Jews down the road. We don’t realize the power of our actions… In summary, I would like to suggest that we share some of the lessons of the trial with our children. Use the trial to impress upon them the idea of us being responsible for each other. Use the trial as an opportunity to stress the need for them to always make a kiddush Hashem, and use the trial as an opportunity to have them experience what it feels like to help another Jew in trouble by saying Tehillim. In the zechus of all that we do, may we merit to hear besuros tovos. Checks can be made payable to Pidyon Shvuyim Fund, and mailed to 53 Olympia Lane, Monsey, NY 10952

Page 64 Perfi dy in Iowa November 6, 2009 Sunsets and Headlines

BY LIBA LIEBERMAN

Far Rockaway is situated between two the dictates of the wind. incomprehensible problems. Just two stretches of boardwalks, and at this time At one point, the sun began melting weeks ago, Klal Yisroel read Parshas of year, they provide sunsets that stagger into the horizon. The intensity of the Bereishis, when Gan Eden was within the imagination. While walking recently burning peach hues had hit its peak, reach and was lost. This past week’s on the Atlantic Beach boardwalk after and already behind me at the other end parsha was Noach. It is fi lled with work, approximately at sunset, I saw of the boardwalk the sky was beginning despair, yet the seed of Klal Yisroel is right here in my hometown what Monet to darken. The utter beauty of Hashem’s protected. was also inspired by - a marbled sky in world! A sunset at the beach can The drama of everyday life is the blue-gray, and peach-pink tones. I own contain all the emotion in the world playing fi eld of a Yid’s existence. a copy of one of his paintings with that condensed in a sky burning with life. Sometimes the drama is one of awe, exact color scheme, which must have The ocean below that sky was whipped like the experience of sunset on an been painted from a setting somewhere up with the fury of the autumn wind, autumn beach. Or remembering the in France. But I wasn’t in France, and wave after wave rushed toward fi rst baby steps of a child as that same and I wasn’t looking at a painting. A the home stretch of the shoreline with child is being walked to the chupah. miracle that we commonly call sunset frothy determination. Sometimes the drama is about terrible was happening, changing into a new Olam Hazeh is a world fi lled with dangers; a casual look at the headlines masterpiece every few seconds as the extremes. Everywhere one looks, is enough to determine the gravity of sky darkened and the clouds shifted to there is extraordinary beauty and current events. Iran’s nuclear potential, the Goldstone Report condemning the Israeli army’s conduct during Operation Cast Lead, and, on a national level, the health care reform effort that is slamming the door in the face of any opposition, are chilling reminders of why we need to seek the protection of the Ribono Shel Olam. The Rubashkin trial in South Dakota is another example of drama with implications that recall the blood libels of yesteryear. The playing fi eld of life is vast, and was created for one reason, and one reason only: that we become inspired by it to turn to Hashem, Who is always waiting to hear from us. Real world scenarios are Heavenly cues for Klal Yisroel to remember the only Head of State, and beseech Him for mercy when necessary, and praise Him for allowing us to serve as His chosen people in a world of daily miracles.

Perfi dy in Iowa Page 65 November 6, 2009 Rubashkin Defense Begins Presenting its Case

BY AVI YISHAI AND AVI SHIFF

Reb Shalom Mordechai Rubashkin’s It should be noted that Reb Shalom allowed, because Reade had split the lawyers began calling witnesses on Mordechai’s limited resources are trial into two parts. Monday to counter allegations against somewhat compromising his ability Reade rejected the motions, allowing the former Iowa slaughterhouse vice to fi ght back against the blood libel the trial to proceed. president. The list of possible defense created by the legal team representing In her initial decision to split the trial, witnesses includes the plant’s former the government. Reade had ruled that allowing all charges bankruptcy trustee, Joe Sarachek, and “There is no question,” commented in one trial could unfairly prejudice the Postville schools guidance counselor a volunteer involved in raising funds jury, allowing evidence for one group of Ron Wahl, who worked extensively for Shalom Mordechai, “that with charges to be applied to others. Reade with the town’s immigrant population. additional funds, his legal team could had said she expected it to be diffi cult Reb Shalom Mordechai’s father, R’ have been expanded to give him a better for a jury to compartmentalize damaging Aaron Rubashkin, the family patriarch opportunity to refute the bogus charges information. who founded Agriprocessors, Inc. in being leveled against him.” Last Tuesday, when Billmeyer Northeast Iowa, testifi ed on Tuesday. Agriprocessors was the site of a May testifi ed, the government presented The Rubashkin trial, being held 2008 immigration raid that rounded evidence that the company received in Sioux Falls, South Dakota, began up 389 illegal workers. The raid, one no-match letters from the government its fourth week on Monday with the of the largest in American history, and - notifi cation that its employees did not prosecution concluding the presentation unprecedented in nature and scope; have matching Social Security numbers of its case against Reb Shalom forcing the plant into bankruptcy six - for several hundred employees, as Mordechai. months later. It was then, prosecutors well as a sharply worded e-mail from The trial is being held at the US allege, that the court-appointed trustee Billmeyer warning that people could go District Court on S. Phillips Avenue in discovered a plot to defraud the plant’s to jail if nothing was done. Sioux Falls and is being presided over lender. The defense on Monday began On cross-examination, however, by U.S. District Judge Linda Reade. its effort to prove that the charges are defense attorney F. Montgomery Brown Shalom Mordechai Rubashkin faces totally unfounded. blamed Billmeyer for the failure to 1995 years in jail if found guilty of Shalom Mordechai will face the 72 discover illegal immigrant applicants. the charges he is facing, which will be federal immigration-related charges in Brown also presented several strongly brought in two trials. The current trial the second trial now scheduled to begin worded e-mails to other plant managers, consists of 91 charges relating to bank on December 1. in addition to the one she sent Shalom fraud. The second trial will focus on 72 DEFENSE TEAM FILES Mordechai. This was to show that immigration-related charges. FOR MISTRIAL the government’s claim that Shalom Reb Shalom Mordechai will take Last Wednesday morning, Shalom Mordechai was solely responsible the stand on his own behalf, defense Mordechai’s attorneys twice fi led for the goings-on at Agri is a gross attorney Guy Cook said, and that may motions for a mistrial after a key misrepresentation. come as soon as Thursday. government witness, former human The human resources manager agreed Federal prosecutors concluded resources manager Elizabeth Billmeyer, with Brown’s assessment that she had their case on Monday after 10 days, divulged details of illegal immigrants “a little bit of a temper,” was “a little 47 witnesses and scores of internal working at the company. Attorney Cook excitable,” and was “prone to drama.” company records were presented. The protested in court to Judge Reade that In blaming Billmeyer for failing to prosecution concocted a case on behalf by permitting this testimony about the discover illegal immigrant applicants, of the government against Reb Shalom alleged hiring and harboring of illegal Brown said, “Someone was asleep at Mordechai. Observers felt that many immigrants at the plant, the bank fraud the switch for a couple of years, and of their witnesses were shown to have case currently on trial would suffer hundreds of illegal aliens were hired.” selective memories, while others were from a “death by a thousand cuts.” The Laura Althouse, who in May pleaded discredited altogether. attorneys took exception to the details guilty of conspiracy to harbor illegal

Page 66 Perfi dy in Iowa immigrants, corroborated some of relationship with Shalom Mordechai activity but didn’t care because of the Billmeyer’s testimony. and had sold the plant 7,000 heads of money they were earning. Agri always Last Wednesday, Cook accused cattle without any problems. paid interest to the bank on schedule, prosecutors of cherry-picking the Heter told the court that everything he and First Bank received at least $13.5 - best evidence from the upcoming did with Shalom Mordechai was based $20 million in interest before production immigration trial to sway the jury. He on a handshake. “His word was gold,” at Agriprocessors collapsed. called it a “powerful potion to pour in said Heter, who talked about the plant “It was humanly impossible for (the front of the jury.” and how Agri always honored its word. bank’s) auditor to miss this,” Roth said. At the conclusion of testimony on Hank Hartig, a farmer testifi ed that “…The information was so obvious, Wednesday, reports the Des Moines farmers weren’t paid until their invoices so openly presented, that the auditor Register, Reade reprimanded Cook were verifi ed, but that once they were, should have seen it the fi rst time around. for broaching the forbidden topics of the bills were immediately paid. He I’m convinced they saw it, but it wasn’t possible union activity at the plant and noted that the Rubashkin’s word was important to the bank.” the personal struggles of the Rubashkin as he needed when dealing with them, Roth also related that the FBI, during family in an attempt to gain sympathy as they were implicitly trusted. Greg their investigation, never once visited from the jury. Reade said Cook was Risinger, another farmer also testifi ed Agri’s accounting fi rm. Last week, right “on the line” of fi nding himself in warmly on behalf of Shalom Mordechai. attorney Cook questioned a government major trouble. The defense introduced the testimony witness from the FBI about why, during ABRAHAMS: of a Nebraska resident, David “Polly” their weeks of investigating the case Plume a Native American tribe leader, against Rubashkin, they never once RUBASHKINS WERE IN who related how his tribe had been visited the Marks Paneth & Schron ‘OVER THEIR HEAD’ considered to be living in one of the fi rm in Manhattan which providing On Monday, Chaim Abrahams, a poorest states of any group in the accounting services to the company. purchasing manager at Agri, said that country, as stated during a visit by The message by the defense was Shalom Mordechai was overworked former President Clinton in 1999. They that the government conducted an and that chronic under-staffi ng at Agri contacted Agri, and in 2002, the meat investigation without trying to ascertain led to sloppiness in the plant’s day-to- company established a plant in near whether the testimony being provided day operations. Shalom Mordechai, he them in Nebraska and revitalized their was true or not. said, juggled fi ve to seven tasks at a time economy and employment situation. What was immensely frustrating for and was diffi cult to reach unless dire When the government shut down the the defense attorneys, the Yated learned, problems arose. Agri plant Postville, the Nebraska was that Judge Reade refused to allow Abrahams said that Shalom branch inevitably closed as well, Mr. Roth, who had traveled from New Mordechai, his brother Heshy, and their throwing the community there into a York to testify, to discuss certain matters, father Aaron “were in over their head.” situation of fi nancial distress once again. thereby cutting out a large portion of Abrahams said he was uncomfortable The witness explained how involved his testimony. Later, the attorneys were sharing his assessment in public, but Shalom Mordechai was in the allowed an “offer of truth,” during was pressed by defense lawyer Brown. establishment of the plant there and how which they shared with the judge these Rubashkin’s legal team say that what the helpful he was to the Native American details of Roth’s testimony, with the government terms fraud at the plant was community. audience there, but without the jury simply incompetence and poor record The defense sought to show how present. Roth wished to convey that it keeping, and not related to corruption in Shalom Mordechai had so many is impossible that the bank didn’t know any way. responsibilities and obligations in his what was going on at the company. Abrahams said that Shalom position at Agri that there was no way Judge Reade responded that the bank Mordechai “was always… trying to he could possibly have been involved can’t be blamed for what occurred. The get [people] to stop spending money, in, and orchestrated, the things that the defense countered that since the bank to look for ways to save money.” His feds claim he orchestrated. was aware of what was taking place and brother, Heshy, by contrast, he said, Abe Roth, a Brooklyn accountant, participated in the formulation of the pushed aggressively to expand the who, along with his fi rm Marks Paneth company’s fi nancial projections, that plant, Plant managers added an “oven & Schron, handled the Agriprocessors cannot be called defrauding the bank. bake” line three times larger than account in the past and is knowledgeable Shalom Mordechai’s son, Getzel, also what was originally projected because about the company’s fi nances, testifi ed testifi ed. He told the court that monies they assumed it would be successful, that First Bank Business Capital, Agri’s which the prosecution claims were Abrahams said. St. Louis-based lender, seemed to know taken from the company by Shalom Abrahams still works at the plant, about all activities at the slaughterhouse, Mordechai were, in truth, all related to now named Agri-Star and under but purposely looked the other way company expenses and not for personal new management, led by Montreal because their loan arrangement was use. Credit cards and vehicles belonging businessman Hershey Friedman. profi table. At issue is a $35 million to Shalom Mordechai were used for Abrahams said he is still friends with credit line the bank extended to Agri to the benefi t of the company, explained Heshy Rubashkin and had remained keep the plant open. Getzel. close to Shalom Mordechai “until 7 to 8 Prosecutors claim that Agri DEFENSE ATTORNEYS months ago, when I was told not to talk deliberately diverted funds between to him.” various accounts to mislead the bank in ASK JUDGE TO DISMISS The defense lawyers also called Bill order to maintain the credit line with the FRAUD CHARGES Heter, a Greene County farmer, who bank, the defense lawyers responded that On Monday, the defense attorneys told jurors that he had a strong business bank offi cials obviously knew about the fi led a motion asking Judge Reade to

Perfi dy in Iowa Page 67 acquit their client. The request, which Elizabeth Billmeyer, before the raid. - in what I thought was illegal trespass is a standard court procedure, was “I used to trust her. She is a very onto the premises - and took pictures of fi led in court papers and states that the strong woman,” Aaron said. “I cannot what was going on in the meat plant. charges should be dismissed because understand how this happened.” “I have to say, unfortunately, that of the prosecution’s failure to prove Attorneys also showed photos, I thought the Orthodox community, Shalom Mordechai’s guilt during outside the jury’s presence, of the including the Orthodox Union, did their ten days of presenting their case. Rubashkins with prominent politicians. not suffi ciently come to Rubashkin’s “The government’s case has been Included in the images were U.S. Sen. defense at that point, and that, I think, oversold,” attorneys wrote in the Chuck Grassley, former Iowa Gov. is what began the whole slide down motion, prepared by lawyer Adam D. Terry Branstad, and former U.S. Rep. for Agriprocessors. I think Rubashkin Zenor. “Simply put, the government has Jim Nussle. and Agriprocessors did an amazing job overreached. There is an insuffi cient Judge Reade has not allowed the for the Jewish community, and were linkage for a criminal conviction photos into the trial for several reasons, entitled to the support of the Jewish between Agriprocessors’ ultimate including prosecutors’ objections that community. They were disappointed failure to make payments under a loan the photos lacked a legal foundation to that they did not receive that support. agreement and Agriprocessors’ business be included in trial. The Jewish Forward even began a practices. Breach of contract does not Shalom Mordechai’s wife, Leah, also series of articles, many of which were equal a crime.” testifi ed on Tuesday, telling the court fi lled with misrepresentations, lies, and REB AARON RUBASHKIN about the simple lifestyle they live and false statements against Rubashkin. the fact that their home is open to the “As far as the current matter, regarding TESTIFIES community. She described the chesed On Tuesday, Reb Aaron Rubashkin, Agriprocessors having employed illegal activities of the family and their focus aliens, it was a well-known fact that who founded Agriprocessors, testifi ed on reaching out to others and assisting in court that he spent “every penny” Agriprocessors employed illegal aliens anyone in need. Her words appeared to - as does every other meatpacking plant he could gather to keep his meat plant have a strong impact on her listeners. afl oat after it was raided by federal in the United States. It’s a perfect job for Rav Chaim Cohen offered strong illegal aliens, who don’t know English immigration agents. Aaron, who opened defense for the company’s hiring the company in 1987, told jurors that and are willing to work in Iowa, in practices and rebutted several of the freezing temperatures, dragging around he mortgaged his home, two buildings prosecutors allegations. that he owned and his store in Brooklyn, dead animals. Most Americans are not N.Y., after the May 2008 raid. The effort NAT LEWIN: RUBASHKIN ready to do that. I will say defi nitively, ultimately failed, as the plant run by his DID “AMAZING JOB” AND from everything I saw, that Rubashkin two sons slipped into bankruptcy the IS “ENTITLED TO WIN” treated his employees better than the employees are treated at all the major following November. Nat Lewin, renowned constitutional Aaron, a survivor of the horrors of law expert and lawyer, is one of the most slaughterhouses in the United States. the Second World War and Stalin’s prominent attorneys in the United States They were paid better and treated more Gulags, made his way to America after and has defended numerous famous humanely. the war and established a butcher store clients, including former President “The Forward, for its own reasons, in Boro Park, Brooklyn. Mr. Rubashkin Richard Nixon. Lewin sees himself decided they were going to write exposés realized the importance and the need primarily as a defender of freedom of about Rubashkin’s employees. These for a full-time shechitah to provide religion - or, more accurately, a defender exposés were false and were based on glatt kosher meat for the New York of the rights of the Jewish community statements made by selected employees Metropolitan area and other locales and individuals in it. A pioneer in Jewish who had grievances. The result was that around the world, and he eventually public interest litigation, he has argued many Jews accepted what The Forward came to the understanding that the best 27 cases in the Supreme Court, many said, and then came the immigration way this can be accomplished is by the of them on Jewish issues. Elie Zirkind raid. Federal offi cials decided to raid the establishment of a frum, Chassidishe of What, Where, When, a Baltimore plant, even though they did not do so for community in close proximity to the Jewish monthly family magazine, any other slaughterhouse. meat-packing plant which would recently interviewed Lewin, who had “Now the interesting thing is that, provide a home and community for strong statements regarding the ongoing under the Obama administration, the shochtim, mashgichim and their case of the government against Shalom immigration offi cials have now changed families, with yeshivos and mikva’os. Mordechai Rubashkin. their policy and are no longer raiding Aaron and members of his family Zirkind asked Lewin what his role plants. They have decided simply to talk took over a defunct meatpacking plant was in defending the Rubashkins and to employers to get them to fi re their near Postville and began the historic why he agreed in the past to take their illegal employees. This was something development, growth and expansion of case. The following is Lewin’s response: Rubashkin was always prepared to do. Agriprocessors. “I am not representing Rubashkin Was Rubashkin’s system perfect? No. Aaron said in court on Tuesday any longer. I represented Rubashkin Many of his employees provided false that he managed to gather between $4 and Agriprocessors in a number of papers. million and $5 million from his personal legal matters prior to the matter that is “Rubashkin is now being represented assets after the raid. “We tried to get all presently pending. I represented him by local lawyers from Iowa. I hope he the help we could,” he said. He said he in connection with the allegations that wins his case; he is entitled to win it,” was unaware of any illegal immigrants PETA, People for the Ethical Treatment concluded Lewin. working at the plant, and had trusted of Animals, suddenly made after they All are asked to continue davening for the plant’s human resources manager, put somebody in the plant undercover Shalom Mordechai Halevi ben Rivkah.

Page 68 Perfi dy in Iowa November 13, 2009 Rubashkin Trial Wraps Up

BY DEBBIE MAIMON AND AVI YISHAI

The trial of Reb Shalom Mordechai the bank by creating false invoices was responsible for just $1 million. He Rubashkin wound to a close Monday, to show infl ated sales, so as to entitle noted that Agriprocessors had many with prosecutors and defense attorneys Agriprocessors to additional loan funds. high-level managers, and Reb Shalom giving closing arguments that painted Cook said, “Shalom Rubashin has Mordechai was not responsible for all radically different pictures of the acknowledged he made mistakes. But it fi nancial transactions. defendant. was obvious the bank knew about it and The fact that the government insists U.S. Attorney Peter Deegan, still continued to lend Agriprocessors on singling out Reb Shalom Mordechai addressing the jurors fi rst, said the money. In so doing, the bank was exclusively for every minor and major defendant masterminded an enormous signaling its tacit consent.” violation they uncovered invites fraud scheme and harbored illegal Interest on the $35 million line of suspicion, Cook said. How is it possible immigrants at the plant. He accused credit came to $13.5 million and was in a business so massive, he asked, Shalom Mordechai Rubashkin of being enormously lucrative for the lender for one person to be single-handedly obsessed with control. bank. It helped shaped the bank’s policy responsible for every single mistake and Jabbing his fi nger at the defendant in of not looking closely at Agriprocessors’ oversight? a theatrical display of pious indignation, paperwork, never once conducting an Cook wondered aloud why he said “This man knowingly defrauded audit, and continuing to lend the meat prosecutors had not a single question First Bank by offering false invoices for company millions of dollars even after for Aaron Rubashkin while he was on orders that never existed! He lied! He the government raid. the witness stand. “It seems they had a cheated!” Deegan mocked Reb Shalom Given the bank’s intentionally turning script they had to follow, and it called Mordechai’s claims that he was not a blind eye, how could the government for concentrating all their ammunition at responsible for all fi nancial transactions possibly cry fraud, Cook asked the my client. Questioning the true owner of and that he did not know that his actions jury. Furthermore, while the bank itself the plant might uncover information that crossed the line into illegality. launched its own civil suit against would weaken their case against Shalom. Deegan urged the jury to fi nd Agriprocessors to recover its loan That couldn’t be allowed. The script had Rubashkin guilty on all 91 counts money, strikingly, the lawsuit makes no to be followed to the end.” - virtually sentencing him to life complaint of fraud. Aaron Rubashkin, who opened the imprisonment. Cook said that this fact underscores Postville slaughterhouse in 1987, told Defense attorney Guy Cook told jurors that the government has manufactured a jurors that he mortgaged his home, that the prosecution had invented a story federal criminal case out of a matter that two buildings that he owned and his that didn’t happen. He asked the jury to should have remained in civil litigation. store in Boro Park after the May 2008 take the necessary time to think about The government had overreached in this immigration raid. the evidence and to weigh it carefully. case, he said. “I don’t want to describe what was “The prosecution wants you to set aside He said his client was an inexperienced there (following the raid),” the 80 year- the evidence, and regardless of whether businessman who tackled too much. old said. “I’m sure the architects who it makes sense, to fi nd the defendant “My client is guilty of incompetence made it have pictures.” guilty,” he said. “I’m asking you not to and oversight. That doesn’t make him His efforts to save the company rush to judgment but to think carefully a criminal. Defaulting on a bank loan is ultimately failed, as the plant slipped into about what you’ve heard here. Think not a crime.” bankruptcy the following November. about the evidence. Any reasonable The Government of the United States Defense lawyers called the elder person can see the government’s case Against…. Shalom Rubashkin? Rubashkin, a Lubavitcher chossid who is implausible. It goes against common Cook reminded jurors of some of the began his career decades ago processing sense.” terms in the plant’s loan contract with the meat in Paris after fl eeing Russia, to Bank Signaled Its Consent bank, that Aaron Rubashkin, Shalom’s contest the charges. Cook addressed the central charge that father, carries “unlimited” responsibility “When we came to Postville, every Reb Shalom Mordechai had defrauded for the $35 million loan, while Shalom street (had) 4-5 homes for sale; Stores

Perfi dy in Iowa Page 69 were for rent,” Aaron Rubashkin said. have done something terrible. Even if least 100 pages, and reminded jurors that “We bought a rundown plant; everything he’s only guilty of a quarter of them, he Reb Shalom Mordechai never read it. To was rotten. We built a new water facility.” must be a criminal!” emphasize his point, he dropped it on the He said he commuted to Brooklyn, Cook reminded the jury that of the 50 fl oor. NY, every week, while his two sons who witnesses the prosecution called, none CRUCIAL TESTIMONY helped him in the company, Shalom of them who had any acquaintance with Mordechai lived in Twin Cities, MN, and Reb Shalom Mordechai had a bad word SUPPRESSED Heshy in Rochester. to say about him. Witness testimony considered crucial Building a shul, mikvah and school to “Did you hear from a single one of by the defense team in establishing Reb properly conduct Jewish-observant life them that Shalom is a liar, a cheater, a Shalom Mordechai’s innocence was was a necessary step. By the time of the greedy person?” he asked. “Think about repeatedly barred by the presiding judge raid, the Iowa town was a full-fl edged the adjectives they used… ‘Generous,’ at the trial. Witnesses who had traveled Jewish community. ‘kind,’ ‘honest,’ ‘trustworthy,’ ‘hard- considerable distances to testify were When asked what Shalom Mordechai’s working,’ ‘problem-solving…’ People told by the judge that their information job title was when he began, Aaron who did millions of dollars of business was not “relevant” and could not be Rubashkin simply replied: “Son.” with him over many years said his word presented before the jury. “We ran it like a family business,” he is gold. You heard one witness testify Judge Linda Reade, prodded by the added. that with Shalom, no contracts were prosecution, composed a list of topics His son, Yossi Rubashkin, and son-in- necessary - a handshake suffi ced.” that she would not allow the defense to law, Shalom Minkowicz, managed the Cook also showed jurors a Power Point mention at the trial, arguing that these sales in New York. His daughter did the slide of Reb Shalom Mordechai with his topics could unfairly sway the jury in the same in Florida. wife and their 10 children. He reminded defendant’s favor. By rigidly insisting Following the raid, Aaron Rubashkin them that the fake invoices were never on adherence to these restrictions, said he managed to gather between 4 kept hidden or handled with secrecy, Reade deprived the defense team of and 5 million dollars from his personal testifying to Reb Shalom Mordechai’s opportunities to prove Reb Shalom assets. “We tried to get all the help we belief that he was doing nothing illegal. Mordechai’s innocence, trial watchers could,” he said. said. He said he was unaware of any illegal “Would he knowingly put his family Taboo topics included any mention immigrants working at the plant, and at risk?” Cook asked. “Does he have of Reb Shalom Mordechai’s fl owing had trusted the plant’s human resources the criminal intent that the government generosity and charitable activities. manager, Elizabeth Billmeyer, before the assigns him? To convict him, you must There was no place in the trial for raid that detained 389 illegal workers. be certain beyond any reasonable doubt an “emotional litany reciting the “I used to trust her. She is a very strong that Shalom Rubashkin set out to break defendant’s good works,” Reade intoned. woman,” Aaron Rubashkin said. “I the law, to cheat and defraud.” The defense team was also forbidden to cannot understand how this happened.” Cook held up the plant’s loan contract mention politicians or elected offi cials At the end of his confi dent testimony with the plant, which looked to be at who had toured Agriprocessors in Tuesday morning, the prosecution said it did not wish to cross-examine Aaron Rubashkin in front of the jurors. “Clearly they were afraid of the positive image he portrayed,” a supporter who was in court said. “He practically said the banks left him hanging to dry as he struggled to fi nd funds they had promised to lend him, and that every fi nancial move was consulted with them.” WILDLY INFLATED INDICTMENT Attorney Cook said the wildly infl ated “91 counts of bank, mail and wire fraud” with which Reb Shalom Mordechai is charged constitute an obvious ploy to sway the jury. “Where does this “ninety– one” come from? Bank, mail and wire fraud - it’s all the very same charge. This massive number is meant to overwhelm you. You’re supposed to think “Ninety-one counts? He must

Page 70 Perfi dy in Iowa the past, and had publicly lauded the FINANCIAL EXPERT’S of need. Her testimony too, was barred. plant, its management, operations and TESTIMONY BARRED Before the judge, attorneys from both contribution to the community. In another instance of Judge Reade sides and the court stenographer, but Lastly, the defense was admonished barring crucial testimony, Manhattan- with the jury out of the room, Mrs. S. to avoid all mention of the challenges based Abe Roth, CPA, had made a told of having fallen on hard times. She the family faced in dealing with their comprehensive review of correspondence said she made an appointment to see Reb 16-year old son’s autism, lest it evoke between Agriprocessors’ fi nancial Shalom Mordechai at his offi ce. sympathy from the jury. offi cers and FBBC, the lender bank “I described how we were going STRAIGHT-JACKETING Reb Shalom Mordechai was accused of through very diffi cult straits… My husband was in between jobs. Our defrauding. THE DEFENSE electricity was about to be turned off. Working pro bono, Roth came to The suppression of other important Rabbi Rubashkin didn’t ask questions or Sioux Falls of his own volition, prepared testimony had the effect of straight- give advice. He reached into his pocket to demonstrate to the judge and jury jacketing the defense. It cleared the way and withdrew a fi stful of bills - hundred a fact vital to the defense: that it was for the prosecution to paint Reb Shalom dollar bills. He gave me the money with virtually impossible that the bank was Mordechai as a conniving law-breaker a kind word and an encouraging smile… unaware that some of the paperwork who enriched himself and his family by This scenario was repeated a number of submitted by Agriprocessors contained defrauding the bank and exploiting the times over the year, before we fi nally infl ated numbers. immigrants in his employment. began to get back on our feet.” Witnesses came forward to challenge The discrepancies were too glaring this image, but jurors were instructed to go unnoticed, Roth stated, indicating A CASE BUILT ON by Reade to leave the room while that the bank was complicit with the INSINUATIONS they spoke. The witnesses recounted infl ated sales numbers; due to the Attorney Guy Cook argued for the examples of Reb Shalom Mordechai’s immense profi ts it reaped from the credit right to present testimony about these unusual humanitarianism and acts of it extended Agriprocessors. sweeping acts of charity to the jury. kindness toward Jew and non-Jew alike. Roth never did get to present his The defense sought to counter the They testifi ed to his stainless reputation fi ndings to the jury. In one of many prosecution’s accusations that over a in his own community and far beyond rulings that smacked of one-sidedness, million dollars passed through Reb as a man of his word, honorable and Judge Reade ruled in pre-trial discussions Shalom Mordechai’s bank account, that trustworthy in business. that Roth’s testimony was inadmissible, the defendant used the grocery and the Even when attorneys argued that since it represented his “opinion,” as yeshiva he supported to launder money the above testimony was important opposed to “evidence.” for his own use, for “gold and silver in disproving money-laundering “LOOK ME IN THE EYE….” items and jewelry.” allegations, or to dispel insinuations Reade also refused to allow jurors to Yet these alleged purchases were that Reb Shalom Mordechai lived a hear the testimony of Postville farmer never specifi ed or identifi ed in court, lavish lifestyle by misappropriating Stan Martin who made the fi ve-hour trip and no evidence was ever produced funds, Judge Reade rigidly imposed her to Sioux Falls to tell a poignant story that the money allegedly used to buy restrictions. of how “Shalom” rescued him from them came from illicit sources. Under At various points in the trial, the disaster. With jurors out of the room, cross-examination, Cook exposed a hamstringing of the defense reached the Mr. Martin recounted that after a plague case so weak that it relied solely on point of absurdity. A prosecution witness killed off his entire hog farm, he came insinuations and the hope of planting testifi ed that she was often asked by Reb to Reb Shalom Mordechai for help. suspicion in jurors’ minds. Cook asked Shalom Mordechai to drive her and his Pleading for a loan to restart himself in the government-appointed accountant son to meetings. Prosecution attorneys business by purchasing cows, he named who made the claim about the huge sum insinuated that the defendant and his son a huge sum of money needed for the of money passing through Reb Shalom were engaged in clandestine activity at investment. “I’m so sorry, I simply don’t Mordechai to elaborate. the offi ce and therefore preferred not to have that kind of money to lend,” Reb “Can you tell the court where all this have the family’s car in the parking lot. Shalom Mordechai told him. money went, where and how it was During cross-examination, the “Look me in the eye,” the man said spent?” Cook asked. witness admitted that when Reb Shalom brokenly. “I need your help desperately. “Our investigation did not focus on Mordechai needed a lift, it was usually I have nowhere else to turn.” that information,” the witness answered. because he had put his car at the disposal “Well, Shalom stood up and looked “But you presented your testimony of one or other of the many visitors me in the eye,” Mr. Martin recalled. as a summary of the Rubashkin’s bank who found their way to his Postville “‘Meet me at the bank in an hour,’” he account,” Cook said. address, seeking help. As for the son said to me. “I met him there an hour later “No, sir, I called it a summary from who accompanied his father to the and he arranged the loan. This is the sort his account.” “secret” meetings, “Are you aware that of man you’re dealing with,” he said “In other words, you are presenting a the defendant’s son, Moishe, is a special- with a catch in his voice. partial report, out of context?” needs autistic child?” Cook asked the “I’m presenting a summary of the witness. FISTFUL OF HUNDRED deposits only.” “Objection!” the prosecutor DOLLAR BILLS “To be absolutely clear, you have no exclaimed. “Sustained!” snapped the Mrs. S. traveled from Postville to information about how the money was judge, sharply admonishing Cook Sioux Falls the same day, hoping to be spent, whether for business or personal for mentioning the forbidden topic of able to repay a man who she said was reasons, for loans, charity or anything autistic Moishe. like an angel from Heaven in her time else?”

Perfi dy in Iowa Page 71 “That is correct.” a fair trial impossible. the plant’s human resources director. What’s the point of half a story? This ruling was repeatedly violated Billmeyer testifi ed last week that she Why did the investigation refrain from during the actual trial. Reade permitted warned Reb Shalom Mordechai about discovering what the money was spent the prosecution to call up seven witnesses illegal immigrants working the plant. She on? Wouldn’t that shed light on whether to testify about illegal immigrants being said Shalom Mordechai told her: “It’s my the defendant was acting within the law harbored at the meat-packing plant, company, and I’ll run it the way I want.” or outside it? allegedly with Reb Shalom Mordechai’s “Did you say that?” Williams asked. The government-appointed knowledge. Their testimony stretched On the stand, Reb Shalom Mordechai accountant had no answer. He was over ten hours, continuing for a day and shook his head and said he was offended. simply doing what he was told to do. But a half. “First of all, Agriprocessors is the implication was clear to everyone in Although the defense team objected, not my company,” he said. “I don’t the courtroom. The government stopped even fi ling for mistrial, Reade overruled talk like that. I never, ever made short of investigating the expenditures them and allowed the testimony to a statement like that. It’s not me.” in the Rubashkin account because the proceed. Defense lawyer Guy Cook walked facts discovered might have crippled Reb Shalom Mordechai took the Reb Shalom Mordechai through their case. Revelations that considerable stand last Thursday in his own defense. his upbringing in the Boro Park sums of money went to help people like He told the court that learning of the neighborhood in Brooklyn, then asked impending immigration raid one day farmer Stan Martin or indigent people in about his family and faith as a frum Jew. the community like Mrs. S. would throw before it was launched, he and his Prosecutors objected to the narrative a monkey wrench into a case so weak it lawyers had petitioned the government nine times in the fi rst 25 minutes of rested solely on insinuations to sway the to allow the plant’s management to testimony. jury. make the necessary changes without MONEY-LAUNDERING? disrupting operations. Reb Shalom WITNESS COACHED The shabbiness of the government’s Mordechai pledged to comply with all Disturbing evidence that witnesses case was further hammered home requirements regarding the fi ling of legal were intimidated, threatened and during cross-examination of one of the identifi cation papers, and the terminating repeatedly coached about how to testify prosecution’s star witnesses, Yom Tov the employment of unauthorized emerged during various points during (Toby) Benssason, who turned informer immigrants. The petition was ignored. the trial. in a plea agreement with the government. The defense team wanted to subpoena One of the immigrants, who testifi ed Bensasson testifi ed against Reb the lawyers to testify that they were in the to being hired with false papers, admitted Shalom Mordechai, his former boss plant’s offi ce the day of the raid, working under defense cross-examination that he and close friend. He said that Reb to process new papers for many of the was told by investigators that unless he Shalom Mordechai orchestrated the fake unauthorized workers. Reade refused to cooperated with the government and did invoices, and that instead of sending allow their testimony. as instructed, his visa permitting him to bank payments directly to the lender The fact that Reb Shalom Mordechai remain in the country with his family bank as required, he sometimes rerouted took the stand was somewhat of an would not be renewed. the money, depositing it in the grocery anomaly, as it is rare, in a case of a Another witness admitted to being store or the community yeshiva, which defendant facing a 2,000-year sentence, repeatedly coached by prosecutors as to Agriprocessors owned. The prosecution to take the stand and subject himself to exactly what she was to say. “I was told called this “money-laundering,” the grilling of the prosecutors. to speak only about Shalom Rubashkin, insinuating that Reb Shalom Mordechai “Reb Shalom Mordechai had no and to say nothing that would implicate withdrew this money for his own use. choice, however, because the judge anyone else,” April Hamilton admitted Guy Cook challenged this charge while had disqualifi ed much of the defense’s under cross-examination. cross-examining Bensasson. evidence and many of their arguments, Over the past few weeks, Sioux and didn’t permit witnesses for the Cook: To your knowledge, did Falls, South Dakota, saw dozens of his defense say their piece,” relates a Shalom siphon off money from these family, friends and members of the frum Rubashkin supporter. “When he funds for his personal use? community arriving to provide chizuk Bensasson: No, sir. testifi ed, he spoke very calmly - as it says in Chovos Halevavos that one and moral support. Cook: Are you aware of any outside Local motels were hosting rabbonim, bank accounts to which he re-routed any with bitachon is blessed with calmness. They tried to rattle him and it didn’t go. bochurim, askonim and others who of it? came out of support for Reb Shalom Bensasson: I am not. Hashem put the right words in his mouth and he stymied the prosecution. The Mordechai. Cook: Granted that the money was re- “We will miss them (when the trial routed for a couple of days, didn’t every siyata diShmaya was clear.” Reb Shalom Mordechai told the court ends),” said Lynelle Dick, front desk penny of it ultimately reach the bank? clerk at Country Inn. “It gets quiet in Bensasson: Yes. that he never intentionally violated federal fraud or immigration laws. the winter and they liven the place.” DEFENSE CALLS “I made mistakes,” he said. “I’m a A few words from an observer in the FOR MISTRIAL human being. I took the information courthouse gallery who traveled a long In pre-trial rulings, Judge Reade had people gave me and sort of went with it distance to be at the trial sums up what separated the charges of bank fraud from without really drilling down to see if it Reb Shalom Rubashkin’s predicament immigration-related charges, calling was for real or not.” means to so many people across the for two separate trials. She reasoned Assistant U.S. Attorney C.J. Williams country, those who know him and those that combining the multiple issues and confronted him about a statement he who don’t. charges would confuse the jury, making allegedly made to Elizabeth Billmeyer, “I’m here because it could be me…”

Page 72 Perfi dy in Iowa November 20, 2009 A Travesty of Justice

BY CHAIM RUBASH(EV)KIN*

A travesty And shame-faced men We witnessed Who is this Jew Needed to When shechitah went on trial They want to jail Save face again A prosecutor To smear his name And so they picked Who’d just spew Revoke his bail A helpless soul Invectives mean and vile Who is this korban One who all Jews This poor pawn Would extol No justice found Who wakes up hours In Iowa Before dawn Yet now they would Not even one iota Reverse the role The smear campaign Whose chessed, tzedakah A judge clearly Indeed insane Was renown Out of control Infected South Dakota To all who lived And now a sentence Around his town She shall dole And as we watched And whether Jew Who does not see So helplessly Or gentile The awful toll While government just laughed He helped each one With claims of With a smile The question we Fraud, conspiracy Must ask ourselves Laundering and graft But corrupt banks Is what more should we have done That would ensure And they would stop Forevermore At nothing A case like this is won To relentlessly pursue The simple bearded To many of you Meat-packer Sitting home Who also was a Jew You say it’s no big deal I would not stop And no expense Our efforts Did the Feds spare When Shalom goes to appeal To hang him on a hook To vilify And ramp up The sweetest guy All your ahava And paint him as a crook For a distant fellow Jew This case is not Just Iowa It might be about you

*Today we are all Rubash(ev)kin

Perfi dy in Iowa Page 73 November 20, 2009 Justice Denied

BY DEBBIE MAIMON

The guilty verdicts returned by noon until Motzoei Shabbos. defense team’s objections were fi led in the jurors in the Rubashkin trial last His family was lied to about his true three separate motions for a mistrial, all week were both deeply disturbing and whereabouts and he was not allowed of which were turned down by Reade. surprising. In retrospect, however, they to contact them. A sympathetic U.S. “It’s clear that allowing unrelated should not have come as a surprise, as Marshall intervened and phoned the charges to be brought up in a trial the rank inequities in the way the trial family to inform them where he was unfairly infl uences the jury to convict was conducted all but guaranteed a being held. They rushed his tallis and the defendant,” Cook explained. “Make miscarriage of justice. tefi llin to him. the defendant look guilty of an unrelated Many who followed the trial had By the time these words are fi rst read, charge, and it’s easier to pin him with ardently hoped for an acquittal. Reb Shalom Mordechai’s sentence will criminal intent in relation to the real Disconcerted by the one-sided rulings have been pronounced by Judge Linda charges before the court. Those are from the bench, they nevertheless prayed Reade. Hopefully, he will be freed on grounds for a mistrial.” that the truth would emerge. Those hopes bail pending his upcoming trial on In effect, if not intent, Reade seemed to were dashed as Judge Linda Reade spent immigration charges. Few expect her to be assisting the prosecution. The leniency close to an hour reading off the list of 86 show any leniency. shown the prosecution contrasted starkly charges to which the jurors had returned APPEAL IS CERTAIN with the severe constraints imposed a guilty verdict. on the defense. Reade’s continually As parts of the court record become suppressed great amounts of witness BITTER AFTERMATH accessible to the public for the fi rst time, The devastating outcome of the trial testimony that might have led to Reb many are convinced that Reb Shalom Shalom Mordechai’s acquittal. was made even more bitter by events Mordechai was deprived of a fair trial. that immediately followed. Upon the The suppression of crucial testimony An appeal is certain, his attorneys said. crippled the defense in several ways. A requests of the prosecutors who branded Attorney Guy Cook told WCF Courier lynchpin of the prosecution’s case was him a fl ight risk, Reb Shalom Mordechai that a key aspect of the appeal will be its portrayal of the bank as a victim of was taken into federal custody over the Judge Linda Reade’s decision to allow criminal deception, or fraud, on Reb protests of his lawyers and was made to jurors to hear vast amounts of testimony Shalom Mordechai’s part. The defense spend the night in solitary confi nement that incriminated Reb Shalom Mordechai was prepared to prove the falsity of this at the Sioux Falls State Penitentiary. on immigration violations. claim. He was deprived of basic rights, This decision was in clear defi ance of including the right to contact his attorney Reade’s own earlier ruling that split the BANK NEVER and to wear his yarmulka and tzitzis. immigration and fi nancial charges. In ALLEGED FRAUD Prison guards forcibly stripped him. For that ruling, she said it would be diffi cult Financial experts took the stand to two hours, they maliciously taunted and for a jury to render a fair verdict if they show that the reviews and audits of baited him, hoping to provoke him to had to listen to damaging information Argriprocessors by the bank were so defi ance while videotaping his reaction. about a host of different charges. half-hearted and infrequent as to be He forced himself to remain calm, and Accordingly, the subject of harboring worthless. These superfi cial “lip-service” somehow survived the night. His family illegal immigrants was supposed to be audits signaled the bank’s clear choice is seeking to have the videotape released. barred from the fi nancial trial. to continue their business dealings with Although his lawyer had informed the company from which they greatly the U.S. Marshals about his client’s THREE CALLS FOR benefi ted. special dietary needs (kosher food), A MISTRIAL It should be noted that the bank never this information was not given over to Reade contravened her own ruling, alleged fraud in their suit to recover their the Sioux Falls Penitentiary authorities. Cook said. Over the protests of the monies following the company fi ling for Food sent by his family also did not defense, the judge allowed more than ten bankruptcy. reach him. Thus, Reb Shalom Mordechai hours of damaging immigration-related Prosecutors fought to neutralize ate nothing for two days, from Thursday testimony against the defendant. The the testimony of the fi nancial experts

Page 74 Perfi dy in Iowa and Judge Reade sided with them. statements to be made by the judges said. “The defense might well assume She instructed the jurors to leave when they accepted the pleas and handed the judge is behind this.” the room while these witnesses gave down sentences. DEFENDANTS CALLED FOR their testimony. She similarly blocked According to the Times report, a the testimony of six other important uniform jail sentence of fi ve months READE TO STEP DOWN witnesses, claiming their remarks followed by deportation was imposed for Because of her inside role in the were part of an “emotional litany” that all suspects who agreed to a plea deal. pre-raid planning, including helping to would unfairly infl uence the jury. Their The majority of the immigrants were orchestrate the fast-track hearings, plea testimony, however, remains part of the begging to be deported immediately to bargains and sentencing of the hundreds court record and will undoubtedly be be able to rejoin their families. But the of illegals, Judge Reade was asked to used by defense counsel at a later date. government had other plans for many of recuse or disqualify herself in the case of them. two defendants who were slated to come COLLABORATION? before her for sentencing. Observers at the trial were baffl ed The plea deal was written in such a way that a suspect was compelled to The Des Moines Register cited the by many of Judge Reade’s rulings case of Martin de la Rosa-Loera, a that appeared to tie the defense’s pledge his or her willingness to cooperate former manager at Agriprocessors, who hands while clearing a path for the with authorities; namely, to testify pleaded guilty under an agreement with prosecution. But those familiar with against managers and other higher-ups prosecutors to aiding and abetting the this judge’s involvement in the planning in Agriprocessors to grand juries. If he harboring of undocumented immigrants. stages and execution of the ICE raid or she rejected the plea deal, the uniform His attorney, Thomas McQueen, at Agriprocessors were anything but sentence of two years imprisonment was said that despite the plea agreement, surprised. imposed, to be followed by deportation. his client was calling for Judge Reade Offering some startling revelations LAWYER WALKED to step down from his case before about the federal raid on Agriprocessors, OUT IN DISGUST sentencing. McQueen fi led a motion a New York Times article on Tuesday One defense lawyer who received the addressed the phenomenon of “300 questioning Reade’s impartiality. He scripts from prosecutors on the day of argued that Reade worked with the illegal immigrant workers being tried, the raid said he became convinced that convicted on criminal charges and federal government in organizing fast- the hearings had been organized for one track judicial proceedings for hundreds sentenced to prison - all in just four purpose alone: to produce guilty pleas for days!” of defendants, and presided over the prosecution. As a result, the lawyer, the cases. “Now the legal blueprint for those Rockne Cole, “walked out in disgust,” extraordinarily swift proceedings has Reade refused to recuse herself, he wrote in a letter to a Congressional come to light, and it is raising questions insisting that her teamwork with district subcommittee. about the close collaboration between attorneys did not compromise her “What I found most astonishing,” he the federal court in Iowa [presided over impartiality. wrote, “is that apparently Chief Judge by Judge Reade] and the prosecutors Reade had already ratifi ed these deals COOPERATION OR who pressed the charges,” the Times prior to negotiations between any of the COLLUSION? article noted. suspects and their lawyers.” The deals In another case cited by the Des [The separation of powers in the “pushed people into pleading guilty,” Moines Register, Reade denied a motion United States government is a key Cole said. for recusal fi led on behalf of 29-year-old constitutional protection, indispensable “I hope I am wrong… but what from Karina Pilar Freund, charged with aiding in a democracy. It prevents the perversion I infer, the overwhelming facts suggest and abetting undocumented immigrants of justice typical of “kangaroo courts” a breathtaking level of coordination at Agriprocessors. in totalitarian societies, where the between the U.S. District Court Judge Freund’s attorney, Mark Brown, judge automatically rubberstamps the Reade and Department of Justice argued in court documents that Reade prosecutor’s fi ndings.] prosecutors.” took part in pre-raid proceedings The Times report noted that “I nevertheless strongly encourage following the ICE raid. He said that preparations for the hearings following the committee to keep an open mind and “Reade’s involvement in hiring Spanish the raid “were overseen by Linda R. to afford all offi cials involved in a fair interpreters, contacting possible defense Reade, the chief judge of the Northern hearing, which unfortunately was not attorneys and coordinating court District of Iowa court.” It goes on to proceedings calls the appearance of her report that in an interview in May during given to the defendants in Postville,” impartiality into question.” the hearings, Judge Reade said she had Cole concluded. In her response, Reade said she was begun to organize them the previous Courts are not allowed to participate “simply performing her offi cial duties,” December, when she was advised by in the plea agreements reached between and that the defendant “repeatedly the immigration authorities to expect a prosecutors and defense lawyers, confuses cooperation with collusion.” “major law enforcement initiative.” stressed Robert Rigg, president of the Iowa Association of Criminal Defense Did trial observers at the Rubashkin LAWYERS HAD TO Lawyers. trial also “confuse cooperation with FOLLOW SCRIPTS Law professor Stephanos Bibas, an collusion?” Or did cooperation from What was Judge Reade’s exact role? expert on federal criminal procedure the bench actually cross the line into In organizing the hearings, she helped who studied the scripts at the request of collusion with the prosecution? As the prepare the “scripts” that laid out in the New York Times, agreed. “The scripts full trial proceedings become a matter great detail the plea deals that were do make it look as if the prosecutor and of public record, and as Reb Shalom to be offered the illegal immigrants. the judge have worked it out ahead of Mordechai’s appeal moves forward, the The scripts also included the offi cial time and made it a fait accompli,” he public will hopefully learn the truth.

Perfi dy in Iowa Page 75 November 20, 2009 Klal Yisroel, Where Are You?

BY RABBI YISROEL BESSER

It was the night before Yom Kippur. Reb Yisroel. be the children, like my own nine-year- I made my way up the steps of many Allow me to paraphrase the words old daughter, who asks me each day when Montreal homes, accompanied by a of this great man. In this case, the Reb she comes home from school, “Totty, new friend, Meir Simcha Rubashkin. Yisroels have shown they care. It’s the what happened with your friend? Will he Warmhearted Yidden welcomed us, ‘Klal Yisroels’ who have fallen short. have to go to jail? I davened sooo hard!” understanding that we were there for a I know that things look bleak right It will be the ones who opened their doors cause. now for Reb Shalom Mordechai, but wide to Meir Simcha and his siblings - As soon as my companion, Meir the way they look mean little to people who have spent most of their lives doing Simcha, said his last name, they who inhabit the world that he does. It’s a the opening - smiling broadly and saying, understood. That Rubashkin. Our hosts sublime place, one that, if we’re lucky, we “Come in.” involuntarily squirmed when he said get to visit just before the tekiah gedolah They - the individuals - will be the true who his father is, confronted - despite at the end of Ne’ilah. It’s a place of true, mechutanim. themselves - with the deep discomfort unwavering bitachon, or clarity, vision And the groups? The ones with engendered by the name. Was it guilt and security that there is a Plan. large legal departments and media about not doing enough and not caring One has to see him and sit with him connections and massive banquets and enough? to understand it. It’s almost tangible. No, conferences with the stated goal of Meir Simcha, with trademark he doesn’t do the hyperbole thing, letting helping Yidden? They will scratch their Rubashkin buoyancy and cheer, smiled pesukim and optimistic phrases fall from heads and try to explain where they brightly and explained why we were there. his lips even when he doesn’t mean them. were when the Ribbono Shel Olam was A child of wealth and privilege, married I saw him. I sat with him. accepting partners. just eighteen months, sixteen of which He’s for real. The fact that someone has a beard were spent back in Postville helping his The bloggers think his smile is one of and peyos doesn’t make him a victim of mother cope, Meir Simcha asked Yidden smugness. It isn’t. He is smiling - even anti-Semitism if he fi nds himself on the to open their hearts and wallets for his after the verdict - because he believes. He wrong side of law. The United States father. believes! They are the smug ones, sitting government, for better or for worse, To all those Yidden, thank you for your and passing judgment when the Mighty allowed Reb Shalom Mordechai due warm response. You understood how hard Hand of the True Judge can come expose process. He had a hearing and a lawyer it was for him. You saw that underneath them in a moment! and was found guilty by the jury. They his confi dent smile was an inner world It’s entirely possible that the many were doing their jobs. torn asunder by the painful ordeal. You guarantees and promises made to No one says that the government has to reached into your pockets and withdrew those who choose the path of bitachon love Yidden, to be moser nefesh for them, more than you could afford, hoping that will be fulfi lled in Reb Shalom to believe in them. I am not disappointed perhaps, this way, He would be merciful Mordechai, and we may yet see some in Uncle Sam. He has no mitzvah to love on the impending Day of Judgment. surprising developments. He may just Yidden. I learned, during the few nights that I win on appeal and then we will have But they, the organizations and was privileged to go around with Meir the seudas hoda’ah that we are so foundations and conferences of kiddush Simcha, just how deeply you really do anxiously awaiting. Hashem-worriers, do. At this point, care. Once the initial skepticism imposed Do you know who the mechutanim will it makes no difference if Reb Shalom on you by the silence of the Jewish be at that affair? Rubashkin made mistakes, if he is guilty establishment and the vicious hatred of It will be the yechidim, the Reb and if he should have accepted a plea bloggers faded away, you were more Yisroels out there. The hartzige Yidden bargain. At this point, the only thing that than generous. who clipped the ads from Yated and should concern any feeling Yid is that Rabbi Moshe Sherer zt”l is famously mailed in a check. The rabbeim, actuaries, Reb Shalom Mordechai is facing a bitter quoted as saying that we have an achrayus grocery clerks and everyone else who was punishment. He may, chas veshalom, to care not just about Klal Yisroel, but about touched and moved to contribute. It will never again see his children not behind

Page 76 Perfi dy in Iowa bars. He may miss out on their chasunos, set out to do that which he had come to Indeed, I told you to come. Step inside and he may never again learn a blatt do, meeting with whomever he thought the room.” Gemara in the yeshiva he loves so much. could help him. After a few days, he Rav Chaim excused himself from his That’s what’s important now. decided to go remind Rav Chaim of his distinguished colleagues and sat down I think that deep in their hearts, the promise to help and made his way to Rav with Yankel in a corner of the room, professional askanim feel bad. They feel Chaim’s lodgings. listening closely as Yankel fi lled him in on that maybe they should be doing more to He arrived and was greeted by a large the progress of his mission. He asked and help him…but how can they? How can crowd in the waiting room. It seems that advised, fi nally hitting on a plan of action they allow the blemish of association Rav Chaim was in the middle of meeting and promising Yankel that he would do onto their impeccable résumés? What of a large group of gedolei Yisroel, great his part. the public, looking on? rabbonim, roshei yeshiva and rebbes, Only then, when Yankel felt calm and So we are left with the yechidim, the along with the most prominent activists reassured, did Rav Chaim return to his heroes of this campaign, the anonymous and askanim, discussing issues of meeting. As they resumed conversation, army of Yidden that has nothing to lose importance to Klal Yisroel. The crowd Rav Chaim detected that some of the by being associated with this unpopular outside consisted of attendants and people at the table were puzzled by his cause. gabbaim to the illustrious personages in behavior; he had kept them waiting, this It’s true, an organization that publicly the room with Rav Chaim. important group, people to whom every stands by him may suffer from it, from Yankel wasn’t deterred. The prospect minute was precious, while he had dealt the message they are sending, but what of of spending the next few decades with the yeshiva bochur. the message they send by ignoring him? fi ghting for Russia, marching across the Rav Chaim heard their unspoken What of the message that it’s acceptable freezing wasteland, eating vegetables for question and looked around before to watch a Yid fl ounder and fall? sustenance in the company of uncouth answering. Then, he said, “Rabboisai, And to those who feel that they can’t soldiers, was a lot more unpleasant than everything that we discuss, deliberate afford to take the chance, that to put having to fi ght for an audience with the and decide here is for what purpose? That their legal teams and public relations Rov. He approached the door of Rav of Klal Yisroel. We are dedicated to Klal committees at his disposal would hurt Chaim’s room and asked the attendant Yisroel and have made the trip here, to them, allow me one story. if he could just, for a moment, go in and Warsaw, to help Klal Yisroel in whichever The bochur, Yankel, was nervous, very remind Rav Chaim about his predicament. way we can. Well, rabbosai, that yeshiva nervous. His entire future was literally The attendant informed him that there bochur, who sits and learn behasmada at stake. Everything had been going so was no way he would be allowed entry. and just wants to get an exemption from well. He had been learning well, growing Yankel argued back, insisting that Rav the army so that he can return to yeshiva… and developing, and a bright future had Chaim had told him to come and that this he is Klal Yisroel!” seemed assured. That had all been before was true pikuach nefesh. The attendant So to you, the organizations and the dreaded envelope had come. Once it was adamant; no one was to disturb movements that are out there working for had come, and with it the ominous draft the gedolim. the Jewish nation, I plead: Before you set notice, his world had grown dark. The The shouts grew louder. The noise the agenda for your meeting, banquet or prospect of being forced into the army, of reached the great men in the room and, kinnus, remember: This unassuming Yid, facing many, many years with virtually no fi nally, Rav Chaim himself appeared the one who slept with a thin sheet and hope for any sort of spiritual growth, was in the doorway. The embarrassed had no food this past Shabbos, he, with his a horrible one. He had immediately left attendant indicated Yankel and Rav wife and ten children, the Yid who is just yeshiva and headed for Warsaw, where Chaim took in the situation at a glance. like us, looking to Heaven and waiting for he planned on using every bureaucratic “Ah yes, the bochur from the train. a ray of sunshine…he is Klal Yisroel. means at his disposal to earn an exemption. It was on the train to Warsaw that he caught a glimpse of the noble face. Could it be? Was the great Brisker Rov, Rav Chaim, on his train? He took a few steps back and looked again. Yes, there was no doubt about it. It was Rav Chaim Soloveitchik of Brisk. He timidly approached the gaon and shared his predicament with him. “Could the Rov possibly help me in any way?” Rav Chaim told Yankel that, while in Warsaw, he would be meeting with several infl uential people and he would try to help. “But please come to where I am staying and remind me,” he said. Yankel took down the address and returned to his seat. The train arrived in Warsaw and Yankel

Perfi dy in Iowa Page 77 November 20, 2009 Sadness in Sioux Falls

BY RABBI YITZCHOK HISIGER

I sit here just hours after having worked. Maybe the jury, like so many bochurim who had come to give him heard the news. I am dumbfounded and other uninformed people, decided that if chizuk. confounded. I am shaken up. I feel like a there’s smoke - even if the smoke was The detractors never conversed ton of bricks has hit me. planted by the Federal government - there with this special neshama who, during I am experiencing feelings I seldom must be fi re. his very own trial, brought Torah and have felt before. What blinded the fi ve-man, seven- Yiddishkeit to Sioux Falls for the fi rst It is Thursday night. I should be taking woman jury at the federal courthouse in time, igniting the pintele Yid in a dozen care of various Shabbos preparations, but downtown Sioux Falls? I don’t know. Jews who have been assimilated in the instead I sit here unable to move. Was it anti-Semitism? Was it the site of melting pot of America. How can I possibly go on with life like a bearded Jew that prevented them from They never bothered to sit down nothing has happened? Our brother was seeing the truth? and study the case, and try to make just been taken away, in handcuffs, by Reb Shalom Mordechai was targeted heads and tails of the charges that the four offi cers, like a hardened criminal. for destruction by PETA and the prosecutors had thrown at Reb Shalom A jury has found a good man guilty very unions which have destroyed Mordechai. of dozens of charges in a case that was manufacturing in this country and sent They never bothered to try to nothing more than a concoction of lies millions of jobs overseas. The Heksher understand why the government had and misrepresentations. I wish I could Tzedek initiativewas partner in this greater targeted a vice president of the company go out into the streets of America and let effort aimed directly to bring down this and blamed him for all the crimes that the world know the truth. I want to tell successful company and family. they claimed were committed at the people of the evidence and testimony that Even within our communities - and meat plant. the judge, Linda Reade, did not allow the this is painful to say - there were and There never bothered to try to defense to present to the jury. Most of there are those who believed the fodder understand how in the world the very all, I want to let the world know that the that the mainstream press coughed up judge who ordered the unprecedented American court system is broken. on a regular basis. raid on Agriprocessors back in May As someone who was in the courtroom If the Federal government charged a 2008 could be the judge presiding told me a day before the trial wrapped up, man with over 91 counts, how virtuous over the case against Reb Shalom “If the masses knew the way the court can he possibly be? Right? Mordechai. Wouldn’t she be biased system in America truly operated, there Wrong. against the defendant and attempt to would be riots in the streets.” These people never met or spoke to steer the case in a fashion that would A jury listened for four weeks to fl awed Reb Shalom Mordechai. They never now justify her earlier decision to allow and empty testimony and decided that Reb heard the voice of this man who lives the company to be raided? Shalom Mordechai Rubashkin is guilty of with Hashem every breathing second In our world, we call that a nogeiah 86 of 91 charges. and has respect for the country we live b’dovor, a confl ict of interest. In the Their task was to consider whether the in and its laws. American justice system, it’s called, defendant is guilty beyond a reasonable They never spoke to this individual well, justice, I guess. doubt. Even without the crucial evidence who throughout this fi rst trial was more Last Sunday, I spoke to Reb Shalom that was withheld, the jury could not have worried about spreading the word of Mordechai. I picked up the phone and possibly come to a logical conclusion that Hashem than the fact that he is being asked, in a voice fi lled with admiration, Reb Shalom Mordechai is guilty beyond a judged for his very life. “Am I speaking with the semel (symbol) reasonable doubt. They never spoke to this consummate of bitachon here in the United States?” So perhaps the jury system is broken oveid Hashem who, during the days of He humbly laughed. He didn’t realize too. Maybe it was bias. Maybe it his trial, was busy making copies of a that I meant it with every fi ber of my was sheer ignorance. Or perhaps the sefer at the local Staples store in Sioux being. government’s shock-and-awe tactic of Falls. While awaiting the verdict, what He said modestly, “Mir darf hubben throwing countless charges at their target was he doing? Giving a shiur to some bitachon.”

Page 78 Perfi dy in Iowa To him, it was so simple. You believe employees are treated at all the major in a criminal case. in the Ribono Shel Olam. What the slaughterhouses in the United States, Chris Kelley, a University of Arkansas Master of the World does is good and according to Attorney Lewin. They were law school professor, at the time, said, with a reason. A Yid believes that there’s paid better and treated more humanely. “This is the fi rst time in my life that I’ve a plan. Even when you are the victim of But false exposés take on lives of their heard of that.” a fl awed judicial system and a biased own and people believe what they want Reb Shalom Mordechai’s attorney, Guy judge, you maintain your trust in the to believe. Cook, addressed this charge at the time Ribono Shel Olam. That’s Reb Shalom Federal offi cials then raided the plant, by stating that the livestock producers Mordechai Rubashkin. something they never did at any other themselves, to this day, have a positive Rabbi Moshe Feller of Minneapolis slaughterhouse or company accused of opinion of Reb Shalom Mordechai and told me several weeks ago that Reb hiring illegal immigrants. As Mr. Lewin have said that his ‘word is gold.’ Agri Shalom Mordechai is a “Tehillim Yid.” has pointed out, suddenly, under the always paid fair money and the cattle He has been completing Tehillim daily Obama administration, immigration people were happy with the arrangement. for years. officials have changed their policy The government tried to enforce a law A pure and holy Yid. A Yid who knows and are no longer raiding plants. that has never been invoked and that has the lashon hara spread about him, but is They have decided to simply to talk not been called into question by the cattle undeterred and undaunted. to employers to get them to fire their producers themselves. A Yid who lives with Hakadosh illegal employees. This was something The jury apparently recognized that. Boruch Hu every day. the Rubashkins were always prepared What they failed to realize was that just Halevai oif mir gezokt. to do. The government never gave them as this charge was patently preposterous, It was thus so heartbreaking to that chance. the entire case against Reb Shalom learn of the jury’s decision Thursday When I learned of the verdict Thursday Mordechai was no less spurious. evening. I was numb. I knew the facts afternoon, I read that the jury had And what did the jury think about and the fabrications. I knew that Reb acquitted Reb Shalom Mordechai on the fact that the government insisted Shalom Mordechai was hampered in his fi ve charges and wondered which ones on singling out Reb Shalom Mordechai effort to provide evidence to prove his those were. I read: The jury found him exclusively for every minor and innocence. not guilty of fi ve counts of violating a law major violation they claimed to have I tried to regain my bearings and I requiring payment of livestock providers uncovered? Why didn’t that invite thought back to when this all started within 24 hours. suspicion? Frankly, how is it possible several years ago. Allegations of animal Those following the case know that in a business so massive for one person abuse were suddenly made by PETA, prosecutors alleged that the company to be single-handedly responsible People for the Ethical Treatment of violated a 2002 order by the U.S. for every single alleged mistake and Animals, after they planted someone in secretary of agriculture to pay cattle oversight? the Agriprocessors plant undercover - in providers within 24 hours of a sale. The Why didn’t prosecutors ask even one what noted attorney Nathan Lewin said charge stemmed from a 1921 law, the question - not a single one - of Aaron was illegal trespass of the premises - and U.S. Packers and Stockyards Act. The Rubashkin while he was on the witness took pictures of what was going on in the law requires “prompt payment” to protect stand? Perhaps, as Attorney Cook said meat plant. livestock producers. later, questioning the true owner of the I thought of the fact that from then, However, scholars who have studied plant might uncover information that until now, the greater frum community the law said they had never seen it invoked would weaken their case against Reb - with few exceptions, including our publisher, Rabbi Pinchos Lipschutz - did not sufficiently come to Reb Shalom Mordechai’s defense. The company that had provided meat to the greater Jewish community for years - and at no cost to countless kehillos and mosdos - and should have received the support of the Jewish community was left hanging for the unions and others to jump in and tear the company down. These efforts were buttressed by articles filled with distortions and falsifications about the Rubashkins printed in The Forward and on countless websites and blogs. To this day, shockingly, frum publications, in print and online, have been almost totally silent, failing to point out what has been nothing less than a travesty of justice, even before the verdict of the Sioux Falls jury was handed down. The Rubashkins treated their employees better than the

Perfi dy in Iowa Page 79 Shalom Mordechai. That couldn’t be moral and ethical man. There was no Shvuyim Fund established for Reb allowed. They were following a script place in the trial for an “emotional Shalom Mordechai. I saw true achdus and they were going to follow it all litany reciting the defendant’s good on the ground level, with Yidden of all the way to the bitter end. There was no works,” Reade intoned. The defense kinds responding to the Yated’s appeal desire for the truth. team was also forbidden to mention and sending in checks ranging from They threw 91 charges at Reb Shalom politicians or elected offi cials who $2 to $10,000. Many of these checks Mordechai. For what? For bank, mail and had toured Agriprocessors in the past, were accompanied by thoughtful notes, wire fraud, which are all the very same and had publicly lauded the plant, its heartfelt brachos, and offers to help out charge. The government was on a mission management, operations and contribution in any way. I saw checks from Jews to overwhelm the jury. to the community. down south and donations by Lakewood Cook told the jury, “You’re supposed The defense was admonished to avoid yungeleit who barely have enough to to think, ‘Ninety-one counts? He must all mention of the challenges the family sustain their own families. There were have done something terrible. Even if he’s faced in dealing with their 16-year old addresses from out West and donations only guilty of a quarter of them, he must son’s autism, lest it evoke sympathy from prominent rabbonim and askanim. be a criminal!’” from the jury. The diversity of the donors was Sadly, the government’s ploy seemed What a shandeh. What a disgrace. touching. I saw how people cared. to have worked. The jury fell into their The suppression of other important Rather than the cynicism and antipathy trap. testimony had the effect of straight- that some would have us believe prevail How about the fact that of the 50 jacketing the defense. It cleared the way out there, I saw care, compassion and witnesses the prosecution called, none of for the prosecution to paint Reb Shalom sensitivity. them - not one - who had any acquaintance Mordechai as a conniving law-breaker My heart swelled with pride, because with Reb Shalom Mordechai had a bad who enriched himself and his family by I knew that the Ribono Shel Olam could word to say about him? defrauding the bank and exploiting the Consider the fact that in pre-trial only be shepping nachas from the immigrants in his employment. Even unbelievable exhibition of thought and rulings, Reade had separated the charges when attorneys argued that the above of bank fraud from immigration-related concern being shown. It is heartwarming testimony was important in disproving to consider that in this economy, with charges, calling for two separate trials, money-laundering allegations, or to and yet this ruling was repeatedly violated many struggling as they are fi nancially, dispel insinuations that Reb Shalom people have truly taken to heart the plight during the actual trial. Reade had said that Mordechai lived a lavish lifestyle by of a Jew they never met and knew very combining the multiple issues and charges misappropriating funds, Judge Reade little about until recently. Mi ke’amcha would confuse the jury, making a fair rigidly imposed her restrictions. Yisroel. trial impossible, but she still inexplicably The shabbiness of the government’s permitted the prosecution to call up no case despite the omission of this ME OR YOU less than seven witnesses to testify about testimony was apparently still lost on the Despite what others may say, this illegal immigrants being harbored at the jury. Reb Shalom Mordechai was trained entire effort to destroy Reb Shalom meat-packing plant, allegedly with Reb as a rabbi, not a businessman, and any Mordechai was not an isolated case. Shalom Mordechai’s knowledge. alleged sloppy business practices that It was an attack and an assault on Most disturbing, perhaps, is that might have occurred didn’t amount to shechitah in general. Today it was Reb crucial evidence by the defense team in crimes. Shalom Mordechai and tomorrow it establishing Reb Shalom Mordechai’s It would appear that the government could be the new company in Postville innocence was repeatedly barred by and the judge had their minds made up and its owners who bought the plant Judge Reade. Witnesses who had traveled before this trial began. They had targeted and have reestablished the operation considerable distances to testify were told Reb Shalom Mordechai and they were on the sweat, blood and tears of the by the judge that their information was hell-bent on accomplishing what they set Rubashkins. not “relevant” and could not be presented out to do. A family business that provided more before the jury. charity and tzedakah than any of us will “401. 402. 403.” A SILVER LINING ever know has gone up in smoke. Its Those are the numbers of the court Amidst all the darkness and gloom, rules that were cited again and again there have been streaks of light and founder, 80-year-old Aaron Rubashkin, and again throughout the case by Reade, inspiration. There is, fi rst and foremost, has watched as his own son, whom he ruling that certain evidence and testimony the unbending - and almost supernatural asked to assist with the running of the were not “relevant.” - spiritual strength of Reb Shalom company, has been sacrificed on the Reade said she was afraid that certain Mordechai. altar of the American justice system. topics would sway the jury in the At the same time, there has been an We sit here powerless, as PETA, the defendant’s favor. absolutely remarkable outpouring of unions and others wait in the wings to G-d forbid. support from Yidden across the country. destroy other companies. They await the Reade did nothing less than deprive the No one knows about it, because those opportunity to pounce on other shechitah defense team of opportunities to prove who have decided to contribute to this operations. And they won’t stop there. Reb Shalom Mordechai’s innocence. cause have, on their own, done so from As this case has shown, any yarmulke- What was considered taboo, you want the privacy of their homes, writing out a wearing Jew running a business better to know? check or donating by credit card to take look over his shoulder. Reb Shalom Mordechai’s generosity. part in this effort to help a Jew caught in Today the blood libel was against Reb His charitable activities. His care and witch-hunt. Shalom Mordechai. concern for others. Any demonstration I recently looked through some of Tomorrow the victim could be me or that this is an upstanding, law-abiding, the checks that came in for the Pidyon you.

Page 80 Perfi dy in Iowa November 20, 2009 The Truth about the Trial

BY DEBBIE MAIMON

Nothing exposes the government’s from the fraud trial, actually played a key expediting their sentencing. fl awed, overzealous prosecution of Shalom role in the jury’s guilty verdict. What is one to make of this breathtaking Mordechai Rubashkin as much as the U.S. Prosecutor Peter Deegan disregard of due process, the most basic and prosecution’s decision two weeks ago to acknowledged as much in his motion to fundamental right of every citizen in this drop all 72 immigration charges against him. dismiss: “The jury’s verdicts on several country? Read on. It only gets worse. This move followed just a few days after of the fraud counts were premised, at least ‘DIRTYING UP’ Shalom Mordechai’s conviction on bank in part, upon the defendant knowingly fraud charges, in a trial marked by bizarre [misleading] the bank with regard to THE DEFENDANT irregularities and one-sided rulings from the harboring undocumented aliens…” he wrote. Defense attorney Guy Cook protested the bench that all but pre-determined a guilty Jurors already heard much of the evidence prosecution’s tactics of “dirtying up” the verdict. of Rubashkin’s guilt in regard to immigration defendant with unrelated charges in order to The move to dismiss immigration charges violations, and even “premised” their verdict criminalize him in the jury’s mind. Prosecutors were required to prove that took many by surprise. Prosecutor Peter on it. The “public interest would not be Shalom Mordechai had “criminal intent” Deegan, in his motion to dismiss, stated served” by repeating the process, Deegan in his dealings with the bank, but lacked that his reasoning was that a conviction on said. the evidence to support fraud and money- immigration charges would be completely Wait. Let’s have that again. laundering charges. Their strategy was to “eclipsed” by the severe sentence Shalom Prosecution rides roughshod over Judge prop up a weak case by selling the jury a Mordechai faces for bank fraud. He also Linda Reade’s ruling to exclude immigration sinister profi le of a man who played fast and cited the expense of a second prolonged trial testimony from the bank fraud trial; sneaks loose with immigration laws, by harboring and the inconvenience to the witnesses. in many hours of such testimony; uses it to aliens, conspiring to engage in Social Security The decision was hailed by defense paint the defendant as an arrogant lawbreaker fraud, and other immigration-related crimes. attorney Guy Cook, who said the charges which persuades the jury to return a These tactics worked, but only because should have been dismissed long ago, and sweeping guilty verdict - only to drop all 72 Judge Reade made sure they were not that the dismissal vindicated his client. Yet immigration charges afterwards? undermined by defense witnesses who many who followed the case closely suspect Simply put, the prosecution won a challenged their credibility. These witnesses the prosecution’s move was self-serving. conviction that can send a man to jail for life included lawyers, CPAs and ordinary citizens They feel it was driven by an unwillingness based in large measure on charges that have who came forward to prove that Shalom to hold a trial that might end up focusing now been totally dismissed! Mordechai had hired lawyers to help resolve unwanted scrutiny on the government’s If that isn’t scandalous enough, what of his immigration problems prior to the raid. actions in connection with the raid and the the prosecution’s manipulation of the jury by Their testimony exposed the falsity of the excessive prosecution of Shalom Mordechai mixing immigration-violation testimony into charges of bank fraud and money-laundering. Rubashkin. the fraud trial - with an apparent green light Yet the jurors never heard a word of HOW PROSECUTORS from the bench despite Reade’s earlier ruling their testimony. They were sent out of the WON THEIR CASE forbidding it? courtroom while these witnesses took the How were charges deemed so serious The likelihood of confusing the jury by stand. that they were used to justify the devastating mixing the charges is precisely why Judge Cook said this subversion of the jury raid at Agriprocessors so simply dropped? Reade ruled they should be separated. Yet, process would be a key argument in Shalom Weren’t immigration violations part of the over the defense’s objections, she allowed Mordechai’s appeal. “The government very backbone of the government’s case? the testimony, ignoring three defense motions poisoned the fi nancial trial with prejudicial The charges of harboring aliens and calling for a mistrial. evidence from the immigration charges, aiding them in document fraud were in fact This is the same judge who not only which for their own reasons they have now responsible for almost half of the 163-count authorized the raid on Agriprocessors, but dismissed,” he said. indictment against Shalom Mordechai. Not helped prepare the plea bargain scripts only that, but the now-dismissed charges, that illegal immigrants were forced to use, PUTTING ICE RAID although they were supposed to be barred and worked actively with prosecutors in ON TRIAL

Perfi dy in Iowa Page 81 Critics of the government’s ICE raid up in the November cold shoeless, wearing offi cials about the open-records request, on Agriprocessors, including immigration light prison-issued clothing and socks with defense lawyers sued for the information lawyers and activists for immigration reform, thin soles, a community spokesmen told The under the Freedom of Information Act. were deeply disappointed by the dropping Gazette, a local paper. “Despite several requests for production of of charges. They had hoped to use the trial WHAT AN IMMIGRATION the information sought, it is apparent ICE as a platform to expose the mistreatment will not honor Shalom Rubashkin’s FOIA of the men and women who were seized TRIAL WOULD UNCOVER requests without legal pressure,” Guy Cook and prosecuted. Sharp criticism of the If the immigration charges against Shalom and Montgomery Brown wrote in the lawsuit. unprecedented harshness that characterized Mordechai were allowed to go forward and An immigration trial would have the raid continues to hound ICE and has these witnesses had a chance to testify, ICE produced evidence that would have crippled led to the formation of a congressional offi cials would be forced to address a number the prosecution’s charges that Agriprocessors subcommittee to investigate the matter. of burning questions. not only knowingly hired illegal aliens, but Many say the trial’s dismissal, in addition “They’d have to answer why illegal aided them in document fraud. The plant to avoiding unnecessary expense and immigration was singled out and criminalized twice rejected the employment application inconvenience, saves ICE authorities from at Agriprocessors in a way it has never been of a federal “sting” informant because of being “put on trial” themselves. Having their before,” writes Dr. Erik Camayd-Freixas, fraudulent work documents. actions in connection with the raid subjected a professor of Hispanic studies at Miami He was hired the third time he applied to scrutiny might open up a Pandora’s box. University, who also served as a court after authorities equipped him with legitimate Critics want to know how and why appointed translator for arrested immigrants papers, and he was thus able to infi ltrate the the huge, coordinated effort that required at Agriprocessors. plant. With clear evidence that the plant intense planning and vast resources before it “A year later, it is clear that the feds had screening procedures in place and did swooped down in May 2008, seizing about crushed hundreds of workers and their not indiscriminately hire illegal aliens, 400 workers, was fi rst launched. Who gave families, at an unprecedented scale, to build “prosecutors knew their case was tenuous,” the go-ahead to this enforcement action? Who an exemplary immigration case against noted Washington attorney Nathan Lewin. wrote the “stage instructions” for shotgun- Shalom Rubashkin,” he said. “Dropping Is this why they decided to cook up a bank wielding agents in heavy riot gear to break those charges now as unnecessary makes the fraud case against Rubashkin? down doors and corral the workers, whisking raid all the more scandalous. Had an immigration trial gone forward, them away in chains to makeshift courts and “Under the old way of doing things, the ICE offi cials would have had to address detention centers in northern Iowa? illegal workers would have been simply the fact that prior to the raid, the plant had At this far-fl ung location, far from their and swiftly deported. Instead, more than retained a prominent international law fi rm to homes and family members, the immigrants, 260 were charged as serious criminals for negotiate with ICE offi cials so as to resolve most of whom spoke no English and were “aggravated identity theft” - for using false the immigration problems and remove illegal given minimal translation, were pressed to Social Security numbers, and most were employees. The law fi rm had represented a plead guilty and serve fi ve to 12 months in sentenced to fi ve months in prison.” large beef-slaughtering operation that had prison, or face a maximum of 10 years and a At an immigration trial, offi cials would employed hundreds of illegal aliens, and $250,000 fi ne at trial. be forced to address the fact that a few these lawyers had succeeded in avoiding a Their plea agreements had been pre- months following the raid, the US Supreme raid. scripted by government authorities, one of Court slammed the charges of ID theft that But in the case of Agriprocessors, the whom was Judge Linda Reade, and required were used to coerce guilty pleas from the federal agents refused to call off the planned the immigrants to admit to aggravated immigrants. The court said identity theft raid. Why? The brutal enforcement action identify theft - a charge that carries serious applies only when the defendant knows and the attendant national publicity poisoned prison time - and to cooperate with the the correct identity of the owner whose public opinion against Shalom Mordechai government in helping to prosecute others. documents he steals. and the company. Even after serving their fi ve-month In the case of the illegal workers, most had WHAT BECAME OF THE no clue about the signifi cance or content of sentence, the ordeal continued for some 40 of GOVERNMENT’S LURID the “convicts,” recalled against their will as their false papers. Their convictions should material witnesses in the charges now being therefore have been vacated and the people ALLEGATIONS? dropped. freed. Why weren’t they? Remember the fi rst reports that hit the Why was Agriprocessors targeted when it press right after the government raid last WITNESSES BEGGED is widely known that the livestock industry year? Agriprocessors was painted as a den TO BE DEPORTED uses illegal immigrants extensively? With 19 of iniquity by an ICE affi davit that allegedly Now that they are no longer needed, they million illegals and a cloudy policy at best, uncovered lurid criminal activity. are begging to be deported. They have no why was Agri singled out? In an immigration In addition to harboring aliens, and livelihoods, homes or community to return trial, these questions could no longer be exploiting and mistreating their workers, the to in this country. After more than a year stonewalled. plant was accused of being a front for drug in legal limbo and electronic shackles, with Shalom Mordechai’s lawyers have production, of harboring a meth lab within the families they supported enduring severe for months been requesting documents its facility. Weapons and bombs were said hardship, they have only one desire: to be explaining how the raid was planned, to be present in the plant. One affi davit even allowed to leave the country and rejoin their organized and executed. They want to quoted a worker who claimed he was tied up families in Guatemala and Mexico. know how the operation was justifi ed, by a rabbi. Local community leaders in Decorah how authorities arrived at the presumption The lies and fabrications were so and Postville, Iowa, said federal authorities that violation of the law was the norm at ludicrous, they would have been laughable dumped the potential witnesses in their Agriprocessors. ICE offi cials have repeatedly had they not been gobbled up by a media and towns without making arrangements for their shunted aside their requests. a public willing to believe the worst. housing, food or work. The men showed After three follow-up letters asking ICE Whatever happened to these wild,

Page 82 Perfi dy in Iowa slanderous allegations? “If ICE truly believed even one hour and never corroborated the unless the invoices are used to defraud in the veracity of the document it publicized video. Rabbonim and poskim verifi ed that someone,” and prosecutors failed to prove so openly, it would have dispatched a shechitah procedures were being followed that the bank - or anyone else - was defrauded. HAZMAT (Hazardous Materials) team to the exactly according to Torah law. “The bank was not defrauded because it site at the time of the raid,” noted attorney Independent audits of the company and really did not care what the invoices showed Lewin at the time. exhaustive reviews revealed no instances of and could readily have discovered the truth,” Lewin added that following the raid, inhumane slaughter, and gave Agriprocessors Lewin explained in correspondence with the state and federal offi cials began speaking high marks for both its handling of livestock Yated. “Thus, no crime was committed. At out against Agriprocessors “without any and its slaughtering procedures. best, it may have been a technical offense independent inquiry or due diligence.” The ANTI-SHECHITAH GROUP that did not warrant the massive charges allegations dominated the headlines for brought against Shalom Rubashkin.” a while, swiftly turning the tide of public GAINS MOMENTUM opinion as elected offi cials railed against Yet PETA was relentless. Their agenda to Lewin said he believes “a neutral and Agriprocessors. put an end to shechitah in the United States fair federal prosecutor - not blinded by the received a boost when their aggressive smear prospect of enormous publicity for going PUBLIC OFFICIALS campaign against Agriprocessors won the after a high-profi le target - would never have RUSH TO JUDGMENT alliance of the United Food and Commercial brought Rubashkin to federal court on bank Iowa Governor Chet Culver utilized his Workers Union (UFCW), a powerful fraud charges.” position to slam Agriprocessors for taking labor union known for forcing businesses Yet prosecutors in this case did so, and “the low road.” He publicly outlined the into submission, as well as the Forward were successful in dressing up minor offenses stringent measures he would take against newspaper. as bank fraud, he said. the plant, yet turned down an invitation to Joining forces, these elements wielded visit the plant for himself and develop an formidable infl uence in both the public and PUNISHMENT informed position. political arena, and succeeded in demonizing ‘STAGGERINGLY A group of uninformed Jewish Agriprocessors and its management. DISPROPORTIONATE’ congressmen sent a critical letter to Aaron The Union was determined to make Agri “Shalom Rubashkin has been given a raw Rubashkin, which echoed many of the libels “pay” for refusing to unionize, and their deal,” concurred the OU’s Rabbi Menachem circulated by PETA (People for the Ethical tactics extended even to Jewish communities Treatment of Animals) - the extremist Genack. “The excessive prosecution of this in Boro Park and Flatbush, who received man is staggeringly disproportionate to his animal-rights group - and the UFCW (labor automated phone calls slandering Agri’s mistakes. Rabbi Genack noted that Shalom union known for its strong-arm tactics). products. The Forward began a series of Mordechai “maintains his innocence of Then-Senator Barack Obama even threw in articles, many of which were fi lled with a few barbs against Agriprocessors while misrepresentations, lies, and false statements bank fraud charges, and indeed, anyone who campaigning. against Shalom Mordechai Rubashkin. had dealings with him can vouch for his Who was behind all of these wild integrity.” allegations and the pressure brought to bear SMEAR CAMPAIGN He added that in his own visits to The net effect of the smear campaign on public offi cials? To many, they seemed to the plant, he never saw the slightest was predictable, culminating in the almost carry the fi ngerprints of the anti-Agri ‘cabal,’ “cutting of corners in either halacha or universal vilifi cation of an innocent man. consisting of the PETA people, Union ethical conduct. USDA inspectors were Under its steady exposure, support eroded offi cials, and left-wing Jewish groups. for Shalom Mordechai and Agriproessors, in the plant at all times, and they never The reaction was catastrophic. The liberal even in the Orthodox Jewish community. reported a violation of any kind,” he noted. Jewish media churned out story after story of “Few media outlets described the abuse and negligence by Agriprocessors. The As a result, Shalom Mordechai was convicted in the courtroom of public extraordinarily good side to this man, his JTA ran an almost daily update. Many liberal generosity and kind-heartedness toward Jewish journalists showed up in Postville opinion long before he had his day in court this past month. Most dishearteningly, the everyone, Jew and non-Jew,” Rabbi Genack hoping to obtain incriminating information said. “The Yated is an outstanding exception for their columns. They even went into the prosecution’s campaign to portray him as and deserves tremendous credit for rallying local church and took quotes from hostile the mastermind of a massive fraud scheme - behind Shalom Mordechai.” spokesmen. based on empty allegations and insinuations The decline of Agriprocessors had been - had made inroads in the Orthodox Rabbi Genack believes that “whatever set in motion. community. lapses may have occurred under duress when Comments from intelligent people reveal he was scrambling to save his company, do CONNECTING THE DOTS a breathtaking lack of information about not warrant the kind of excessive prosecution Nathan Lewin, who at one time represented the case, and worse, a lack of suffi cient and lifelong punishment that should be Agriprocessors, traces the demonization of interest and motivation to probe beneath reserved for hard-core criminals.” the meat-packing plant and particularly of the media hype for the truth. Hearing about Shalom Mordechai Rubashkin to events of “This is a man who - unlike a notorious all- “fake invoices” allegedly approved by time swindler people like to compare him with fi ve years ago when PETA sneaked one of Shalom Mordechai has propelled people to their agents into the plant. The agent took - lived modestly, was kind and trustworthy, snap judgments, casting an honest man as a and never fl eeced a single customer. Even a secret video of cows being slaughtered, swindler. after which the animal-rights group released after the raid, under impossible pressures, the video, claiming it showed the abuse of BANK FRAUD CHARGE he kept his payments to the bank coming animals. DOESN’T STAND UP punctually. To keep his commitments, he and The USDA, which monitors the plant As attorney Lewin points out, even his family mortgaged everything they owned. and has a team of more than 20 inspectors assuming the charge to be true, “the creation If anyone is deserving of sympathy, support continually on site, never closed the plant for of fake invoices is not a criminal offense and leniency, it is Shalom Rubashkin.”

Perfi dy in Iowa Page 83 December 25, 2009

Rubashkin Lawyer Speaks Out

BY DEBBIE MAIMON

Chanukah has come and gone. For some earned that kind of trust,” Cook added. immigration charges could not be mixed in of us, the days fl ew by in a whirlwind “Reason dictates that such a person would with the bank fraud trial. of celebration and activity. But not never betray his friends, and would never It’s an old trick and it worked like for everyone. For Sholom Mordechai dishonor himself by fl eeing.” a dream, Cook said. Incriminate the Rubashkin, waiting patiently in an Iowa jail The attorney said that the court of appeals defendant on an unrelated matter, and the while a court of appeals weighs a judge’s was asked to note that in just a couple of job of convicting him on the charges he’s decision not to grant him bail, time seemed days after the jury’s verdict, well over a standing trial for becomes much easier. to be crawling. thousand letters to Judge Reade poured Cook slammed the prosecution for After prolonged negotiations with in, testifying to Sholom Mordechai’s the “shock and awe tactics” in creating a various prison offi cials, Aleph Institute, trustworthiness in keeping a promise. sweeping 163-count indictment that he said a Florida-based organization that offers The court was also asked to look at overwhelmed the jury. services to Jewish prison inmates, won the ten months of bail compliance he “Where did this astounding number permission for Sholom Mordechai to light had already demonstrated in the months come from? If you look into the counts, Chanukah licht. In view of the regulations leading up to the trial, as well as the extra you see that they consist of a very small forbidding fi res of any sort, and the guarantees his lawyers had offered. These number of charges that were duplicated vehement opposition they encountered from included an electronic monitoring ankle and subdivided again and again. It’s as if I offi cials, the granting of special permission bracelet and home detention, as well as 24- were arrested for J-walking, and was then was embraced by the Rubashkin family as hour armed surveillance at the Rubashkins’ charged separately for each and every step. a miracle in its own right. It buoyed their expense. That’s what the government did with the trust in Hashem for a full yeshuah. Defense Counsel bank fraud charges. A single charge sliced Each night of Chanukah, a guard Takes Yated Behind The Scenes up into 86 pieces,” said Cook. escorted Sholom Mordechai from his cell Guy Cook shared his perspective with Jacking up the counts to a shocking to a cinder-block room. There he lit his the Yated on some of the key issues in number was “duplicitous,” he said, because menorah and was given an hour’s respite the case, particularly as they pertain to it wrongly prejudiced the jury, making it to gather his thoughts and daven, while the appeal now being drafted by Sholom easy for them to view Sholom Mordechai gazing into the tiny fl ames as they lit up the Mordechai’s new legal team. Cook is as a criminal. It also guaranteed that a bleak surroundings. working with noted Washington attorney guilty verdict would result in a long prison In a lengthy interview with the Yated, Nathan Lewin and other lawyers on the sentence. attorney Guy Cook, who appealed Judge appeal, which can be fi led only after a How Non-Crimes Became Federal Linda Reade’s bail decision, says that sentence is handed down. That could take Felonies justice moves slowly, but he is very hopeful another month. Cook said the problem facing the that the bail denial will be overturned in Cook said he is troubled by what he prosecution was that the evidence didn’t the coming days. He mentioned the strong calls the “duplicitous, dishonest” tactics support the sinister image they wanted to arguments in the motion fi led last week. used by the prosecution which he feels project of Sholom Mordechai as an arrogant “We’re talking about someone for whom robbed Sholom Mordechai of a fair trial. lawbreaker. It was necessary to stretch the 43 people offered their homes as guarantees He cited the abuse of the grand jury truth, to dress up non-crimes as federal that he wouldn’t fl ee. That’s over 8 million system; the trick of massively infl ating the felonies, in order to win a conviction. dollars in equity. Rabbis came forward indictment; intimidating and manipulating And it was necessary to position to offer their synagogues’ holy scrolls witnesses; and prejudicing the jury against Sholom Mordechai as the mastermind who worth hundreds of thousands of dollars as the defendant by cloaking non-criminal orchestrated the practice of the so-called collateral. Guarantees of this magnitude are offenses as serious felonies. “fake invoices,” which then became the simply unprecedented. Equally destructive, he said, was the prosecution’s “smoking gun.” “People don’t put themselves on the prosecution’s sneaking in three days Sholom Mordechai testifi ed that while line to such a remarkable extent unless of immigration-violations testimony, he knew about the infl ated invoices, he the person they’re vouching for has after Judge Reade had earlier ruled that did not generate them. They were part of

Page 84 Perfi dy in Iowa a system put into place before his tenure as lackadaisical policy, this unspoken policy extra funds from the business for his own manager of the company began, and were of ‘Keep the payments coming and don’t use, tried to “launder” it through a Jewish perpetuated by Agri’s fi nancial department bother me with the details?’” school, or used it to buy false papers for under CFO Yom Tov Bensasson and CPA Invoices Treated Like Paper Money undocumented workers in the plant. Mitch Meltzer. Both men advised him that “The answer,” says Cook, “is they didn’t Yet, these witnesses, too, were silenced. the system was acceptable to the bank. look too closely because they didn’t want The prosecutor’s repeated shouts of Earlier this year, Bensasson and Meltzer to upset the apple cart. They were making “Objection, 403!” (legal abbreviation pleaded guilty to bank fraud. At the trial, a killing off this high-interest loan, the for “Objection to testimony that might they were the prosecution’s two lead payments came in reliably, and that’s all sway the jury by arousing sympathy for witnesses against Sholom Mordechai, that mattered. So the invoices were like the the defendant!”) were sustained. The jury shifting the blame for the invoices onto paper money you use in Monopoly. You was instructed to leave the room while the their former boss and friend. know it’s paper money and the other players witnesses testifi ed to an empty courtroom. [Under cross-examination, Bensasson do, too. There’s no deception involved. Bogus Charges and Red Herring admitted to having agreed to testify against Observers may wonder, does it really The prosecution tried every possible Sholom Mordechai in return for a “deal” - matter what the bank knew or could easily avenue to criminalize Sholom Mordechai, a reduced sentence. Like most of the other have known about the infl ated invoices? alleging that he had misused Agri funds to prosecution witnesses, Bensasson was not Isn’t the very act of creating false invoices buy jewelry and that “a cache of valuable told what that sentence would be until after itself illegal? The answer, says attorney coins” was purchased by him and sent to a the trial. The tactic ensured that he would Cook, is no. It is only illegal if the one strange address. earn his “reward” by performing well on who wrote the invoice intended to mislead In addition, prosecutors charged that the witness stand. (defraud) the other party. money that should have been paid directly Other witnesses admitted under cross- This issue - the question of “criminal to the bank was diverted to other sources examination that they were coached and intent” - cuts to the heart of the charges and once again “money-laundered.” warned about how to answer questions, against Sholom Mordechai. The One by one, these bogus charges and to focus their testimony on Sholom prosecution claimed that the creation of were punctured. Guy Cook produced the Mordechai alone. Their plea deals were padded invoices clearly proved intent to cancelled checks that showed that Sholom apparently “performance-based” - with the defraud. Mordechai had docked certain amounts reduced penalty or punishment to be handed Yet, two leading CPAs, one from from his paychecks as repayment of money down only after the trial, according to how Brooklyn and the other from Iowa, took borrowed from Agri to buy engagement well the witness stuck to the “script.”] the stand to testify that after studying all gifts for his son’s kallah. Bank To Agri: Don’t Bother available data, they were convinced there The mysterious “valuable coins” turned was simply no way the bank could not out to be nothing more than a supply of Me With The Details have known about the infl ated receivables. silver dollars he had bought to be used in What are the true facts regarding the The inconsistencies were so glaring, any shul for pidyon habens and other occasions. “fake invoices”? What was their precise layman would have spotted them. To Montgomery Brown showed how the function and were they in fact illegal? claim the bank was deceived totally defi es money-laundering charges were false, Shedding light on a misunderstood aspect common sense, the accountants said. inasmuch as all payments reached the of the case, Cook explained to the Yated Important as well is the fact that, as bank, although not always punctually on that these invoices from Agriprocessors mentioned, the invoices were part of the due date. “At the very most, you might infl ated the company’s receivables. They a system that existed prior to Sholom call the late payments a breach of contract,” provided documentation that the lender Mordechai’s tenure, created by Agri’s said Brown. “To call it money laundering bank required to justify to its investors fi nancial department under CFO Yom Tov is misleading and untrue. It’s simply a red the ongoing deal they had with the meat- Bensasson and CPA Mitch Meltzer. herring” [i.e., it diverts attention from the packing plant. The deal provided Agri Defense Counsel: Errors From The main issue]. with loans from a $35 million credit line Bench Cost Sholom Mordechai A Fair Trial Why, then, did the prosecution employ in return for exorbitant interest rates that But the CPAs’ testimony - so crucial the term “money-laundering”? enriched the bank to the tune of millions to the defense - never reached the jurors. “For the same reason they used of dollars. Judge Reade ruled that the testimony was emotionally charged language like So profi table was the arrangement for inadmissible and sent the jury out of the ‘cheating,’ ‘stealing,’ ‘lying’ and the bank that their offi cials chose not to room. Her reason? “It’s not the bank who ‘masterminding’ to describe non-criminal look closely at Agri’s paperwork, or to is on trial.” behavior,” Cook said. “Because even conduct even the most basic GAAP audit “The judge clearly erred in not allowing though it’s misleading and manipulative (a widely accepted set of procedures for their testimony,” said Cook’s co-counsel - and we feel we exposed that - it still reporting fi nancial information). Montgomery Brown. Reade compounded impacts a jury.” “The reviews they did conduct were so that error with other one-sided rulings, superfi cial, they were a joke,” said Cook. such as the barring of witnesses whose Being Forced To Box “Imagine bank auditors driving by Agri testimony disproved the allegations of In A Telephone Booth and calling out, ‘Hey you guys. How’s money laundering. By barring the most important defense business?’ ‘Great!’ someone answers. Brown said that a number of witnesses witnesses, Cook said that Judge Reade in ‘That’s mighty fi ne. Keep it up fellas!’ the traveled to Sioux Falls to testify that they effect prevented Sholom Mordechai from auditors yell back and drive on. had received tens of thousands of dollars having his day in court. “It was like having “Of course that’s a simplifi cation. But in charity from Sholom Mordechai to help to box in a telephone booth with your hands it gives you a pretty accurate idea of how them through a crisis or in times of need. tied behind you. Even if you could free casually the bank ran things with Agri. Their testimony collapsed the prosecution’s your arm, how could you defend yourself? The question is: what was behind this allegations that the defendant had pocketed How could you land a punch?”

Perfi dy in Iowa Page 85 Cook recalled the frustration of having the offi cial said. very carefully in their interviews with the a strong defense crippled by unreasonable ICE Trying To Boost Arrest Statistics? Yated, one can sense the outrage they share and prejudicial rulings from the bench. He “Why did ICE prefer a raid over peaceful with Sholom Mordechai and his family said that by allowing the prosecution to negotiation and resolution?” asks Cook. He over a judicial process that demonized hammer away at immigration violations for answers his own question: “They wanted an innocent man. “We spent hundreds of three days, Judge Reade violated her own big action with splashy theater.” But this hours with this person,” Brown says. “We ruling and as much as guaranteed that a fair only leads to a string of deeper “whys.” got to know him well. We regard him very trial was impossible. Why throw millions of dollars into an highly.” Reade ignored Cook’s objections, and operation that isn’t necessary just to make The government’s excessively harsh, his warning that he would call for a mistrial a splash? Why destroy a town, uproot unreasonable treatment of Sholom if the improper testimony continued. She families and tear apart so many lives? Why Mordechai defi es understanding, Cook allowed the proceedings to continue, as pick a kosher meat-packing plant in the says. Cook called for a mistrial not once but middle of nowhere? “They bring him to bail hearings in an three times during the next three days. Yet Some say that higher-ups in ICE orange prison jumpsuit, handcuffed at the there was no way to prevent jurors from needed to justify a massive budget for an wrists and at the waist, with leg shackles. being inundated with prejudicial testimony organization that was primarily designed to What are they afraid of? That he’ll take a of witnesses who had been coached to guard America’s borders from dangerous fl ying leap over the balcony and make a point to Sholom Mordechai as the person terrorists. Showing an impressive record of run for it in his orange prison clothes and responsible for every violation in question. arrests and convictions creates the illusion handcuffs? It’s ridiculous beyond words. The judge’s suppression of testimony that ICE is keeping Americans safe. I asked them to please remove the chains. vital to the defense; allowing the The problem is that criminality and They took off the handcuffs, but that was prosecution’s litany of immigration terrorism do not provide enough daily it.” testimony against Sholom Mordechai; business to maintain the readiness and He marvels at the strong faith that is and the pumping up of an indictment to an muscle tone of this expensive force. For carrying Sholom Mordechai through a unjustifi ed number of counts to prejudice example, according to statistics published in nightmare. He relates that during the trial, the jury are some of the key arguments in the New York Times, in 2007, ICE criminal he, his co-counsel and the Rubashkins all the appeal that is currently being drafted, investigations resulted in 164 arrests and stayed in the same hotel, where he glimpsed Cook told the Yated. 91 convictions. Terrorism related arrests a more private side to his client. “We look forward to presenting these were not any more substantial. “One morning, I got up unusually early arguments to the court of appeals,” he said. The real numbers are in immigration: and took the elevator downstairs to the It will take time…but we hope justice will During the same year, ICE removed conference hall to get some work done,” fi nally be served.” 276,912 illegal aliens. ICE is under Cook recalled. “Getting out of the elevator, “We Beg You enormous pressure to turn out statistical I heard some humming or mumbling in one fi gures that might justify a fair utilization of of the rooms adjoining the hall. I stuck my Not To Destroy….” its capabilities, resources, and ballooning head around the corner to see what it was. Cook also described the cross- budget. “It was Sholom, praying alone in a corner examination of an ICE offi cial who Simply put, the criminalization of of the room. I just stood there watching acknowledged receiving a letter from illegal workers may just be a cheap way him… This man’s faith is real. Despite Sholom Mordechai a number of days prior of boosting ICE arrest statistics, with everything he’s gone through and is still to the raid. The letter pleaded with the no regard whatsoever to the vast human going through, he’s holding on. His focus is government not to raid the meat-packing wreckage such tactics leave in their wake. not on this motion or that motion. His focus plant, and asked for a federal overseer to A Private Glimpse is his faith. He feels he’s following the path help resolve the company’s immigration Although both Guy Cook and G-d has chosen for him. He’ll continue on issues peacefully. The letter promised Montgomery Brown chose their words that path no matter what.” Agri’s full, wholehearted cooperation. “We beg you not to destroy a company that gives jobs and sustenance to so many people, and that contributes so much to the production of kosher meat for hundreds of thousands of people across the United States,” the letter said. “Did you receive this letter from Sholom Rubashkin in the week prior to the raid?” Cook asked the ICE offi cial. “I did,” he replied. “What did you do about it?” “We took no action on it.” “In other words, you ignored it? “Yes.” “Why? Those where his instructions,

Page 86 Perfi dy in Iowa December 25, 2009

Bringing The Joy of Chanukah to Sioux Falls

With R’ Sholom Mordechai Rubashkin waiting in a him to be allowed home on bail, the present situation The van pulled into Sioux Falls a little before 4:30. Cedar Rapids jail for a bail ruling from the court of was even more diffi cult. Everyone missed him terribly. By fi ve o’clock, people were starting to stream out of appeals, his family, an hour and a half away in Postville, “Another Shabbos without Totty,” the little ones would the building. 23-year old Getzel Rubashkin set up the gathered in the kitchen the second night of Chanukah say tearfully as Friday rolled around. menorah, and as curious onlookers gathered around, after hadlokas neiros to plan strategy. Not about the But there was no time to brood. It was Chanukah, a he said a few words about Chanukah, about spiritual appeal or how to pay for it. Not about lawyers, judges time of miracles and rescue, of joy and gratitude. There freedom and the importance of giving G-dliness a or motions. Instead, Mrs. Leah Rubashkin and the older were three Chanukah events to put together in Sioux place in one’s life. He recited the brachos and lit the children were trying to devise a plan that would let Falls on very short notice - two Chanukah parties to menorah. The bochurim sang Maoz Tzur with Getzel them bring the warmth and joy of Chanukah to Jews accommodate the schedules of two different groups, and accompanying them on a keyboard, as the crowd grew. who lived fi ve hours away in Sioux Falls, but would a menorah-lighting. Sholom Mordechai was always the In the evening, they hosted a Chanukah party enable them to return home the same day. They needed driving force behind these events. They would need with music, food and words of Torah. The latkes and to be on hand early in the morning for a Chanukah play, every ounce of energy and organization, not to mention doughnuts disappeared faster than they could serve in which the younger Rubashkin children, who were a huge dose of siyata diShmaya, to pull it all off. them. The guests lingered, savoring the music, the staying behind, would be performing. She thought about the people they would see in warmth and Jewish spirit in the room. So this was “It was a little bit of a wild idea, but I thought about Sioux Falls. There was the Russian American couple, Chanukah! the special friends Sholom Mordechai and I had made in Mark and Celia Rogoff, who had little Jewish education At ten o’clock, the Rubashkin clan did the entire this city during the trial,” Leah Rubashkin said. “Some but were very drawn to Judaism. They’d been rebuffed event over again in Hebrew for a group of Israeli yordim of them are so thirty for Torah, for the smallest taste by the only synagogue around for miles - a Reform who had just come home from work in a nearby mall. of Yiddishkeit. It would be a real chessed to bring the temple - because they were too tradition-oriented. Sholom Mordechai had met these young men during warmth and freilichkeit of Chanukah to them. It’s the Mark had begun to use his Hebrew name, Menachem their fi rst week in Sioux Falls and, in his characteristic kind of thing that Sholom Mordechai would love to do Mendel. He came to the courthouse every single day way, had forged a bond with them. if he could. during the trial, giving Sholom Mordechai his blessings By the time the party was over and the room cleaned “I broached it with my kids and they loved the for an acquittal. up, it was past midnight. Exhausted, they debated idea. We contacted the people we had gotten to know And there was Stephanie and Philip who had started whether to stay overnight, but decided that there was no in Sioux Falls and asked if they’d be interested. They out in Sioux Falls but had moved to the East Coast with way they could miss the younger children’s Chanukah were thrilled. One of the women had a good friend who their two children to be closer to a Jewish community. performance the following morning. So they packed worked in the Cultural Center in downtown Sioux Falls. They’d lived in Long Island and in Brooklyn. Walking everything up and clambered back into the van for the She wrangled permission for us to hold a menorah- down the streets surrounded by religious-looking ride back to Postville. lighting ceremony in the early evening. Another person people, they were dying to make a connection, but could At night, in their state of exhaustion, the ride arranged for us to use a Wellness Center, connected with never summon up the courage to approach anyone. And seemed endless. Leah and some of the bochurim took a local hospital, for the party itself. nobody approached them. After a few years, realizing turns driving, and by six in the morning, they were back “Sunday morning, out came the pots and pans and that their experiment failed and they would always be home. ingredients for a baking marathon. We rolled up our outsiders, they moved back to North Dakota. Leah recounted the day’s adventures a couple of sleeves and went to work. A few feverish hours later, we Stephanie and her family had attended a Shabbaton days later, still savoring its afterglow. I tried to visualize had hundreds of steaming latkes and jelly doughnuts.” that the Rubashkins had made in the hotel during their it, but couldn’t get past the staggering logistics. I The Rubashkins piled into a 15-seat passenger van fi rst Shabbos in Sioux Falls. At one point, she turned thought of driving a similar distance, say from Monsey with a group of yeshiva bochurim for the fi ve-hour to Leah with tears in her eyes. “Who would have ever to Montreal and back in one day, never mind the baking, ride to Sioux falls. The mouthwatering aromas of fresh dreamed that we had to go back to Sioux Falls, where frying, shlepping, party arrangement, socializing, latkes and home-baked jelly doughnuts tantalized them there are no Jews, to make a connection with Judaism?” serving, and cleaning up involved. all the way to North Dakota. Stephanie’s friend worked in the Cultural Center, How do you manage to focus on others in the midst Driving to Sioux Falls without Sholom Mordechai a prestigious building that has hosted symphonies, of your own pain? I wanted to ask. As if reading my was poignant for Leah. They had made this trip together concerts and other cultural events. The friend got mind, she answered. “It made the kids so happy to bring many times in the past four weeks while the trial was in the management’s consent to set up a menorah on a a little Yiddishkeit to people who are so thirsty for it,” progress. That ordeal was fi nally over, but with Sholom platform right outside the Center, and to have it lit as the she said. “Because that’s what their father would have Mordechai incarcerated while they wait and pray for Center was closing for the day. done if he could. That’s Sholom Mordechai.”

Perfi dy in Iowa Page 87 NJQOHY









JQB










NJQOHY emergency pidyon shvuyim campaign

We have faith that Reb Shalom Mordechai Rubashkin b’ezras Hashem, will emerge innocent on appeal provided all the facts are permitted to be presented.

However, without your help, Reb Shalom Mordechai will not be able to come up with the many thousands of dollars necessary to pay for adequate legal counsel which will, b’ezras Hashem, prove his innocence, and the terrible bias against this G-d fearing Jew. Klal Yisroel is coming to his aid. Your help is needed NOW.

The Rubashkin family ran an exemplary slaughterhouse for decades, which supplied Jews across the country with affordable kosher meat. They are renowned for their many acts of tzedakah and chessed.

Now, their business has been taken from them, leaving them without sufficient income to pay huge legal bills. The family mortgaged their homes, sold whatever assets they had left and even cashed in personal life insurance policies. With nonowherewhere left to turn, they look to us to rescue their beloved husband, father, son, brother – our brother, Reb Shalom Mordechai Rubashkin.

What was done to Reb Shalom Mordechai Rubashkin can be done to anyone, Chas V’Shalom. Yidden, NJQOHY









JQB










NJQOHY, please let’s not turn him down. Please help our brother, Reb Shalom Mordechai Rubashkin, today.

On behalf of my entire family, I am truly grateful to everyone who has so generously supported our family during this difficult nisayon. May Hashem repay your kindness many times over. — Shalom Mordechai Rubashkin

Please send your generous tax-deductible contribution to: Pidyon Shvuyim Fund 53 Olympia Lane Monsey, NY 10952-2829

Page 88 Perfi dy in Iowa